sdj-41st day
WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-NINTH LEGISLATURE
REGULAR SESSION, 2009
FORTY-FIRST DAY
____________
Charleston, W. Va., Monday, March 23, 2009
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by Pastor Robert Barley, Maple Fork Baptist
Church, Maple Fork, West Virginia. Randall Reid-Smith,
Commissioner of the Division of Culture and History, then proceeded
in the singing of "Ride on, King Jesus" and "Home Among the Hills".
Pending the reading of the Journal of Friday, March 20, 2009,
On motion of Senator Plymale, 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.
Senator Tomblin (Mr. President) presented a communication from
the Office of Miners' Health, Safety and Training, submitting its
annual report, in accordance with chapter twenty-two-a, article
one, section four of the code of West Virginia.
Which report was received and filed with the Clerk.
The Senate 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. 2050--A Bill to amend and reenact sections
1, 2 and 3, chapter 232, Acts of the Legislature, regular session,
1997, all relating to expanding the counties covered by West
Virginia Route 2 and Interstate 68 Authority to include Cabell,
Mason and Jackson counties; and increasing the number of members.
Referred 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. House Bill No. 2541--A Bill to amend and reenact §19-18-1
of the Code of West Virginia, 1931, as amended, relating to
including poultry among those domesticated farm animals or stock
for which the owner shall be liable for damages caused by those
animals when they enter on the property of another.
Referred to the Committee on Agriculture; and then to the
Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 2742--A Bill to repeal §19-
22-1, §19-22-2, §19-22-3, §19-22-4, §19-22-5, §19-22-6 and §19-22-7 of the Code of West Virginia, 1931, as amended, relating to
vinegars.
Referred to the Committee on Agriculture.
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. 2968--A Bill to amend the
Code of West Virginia, 1931, as amended, by adding thereto a new
section, designated §29-3-5c, relating to requiring the State Fire
Commission to establish safety standards for liquefied petroleum
gas systems.
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. 3083--A Bill to amend and reenact §16-21-1
of the Code of West Virginia, 1931, as amended, relating to blood
donations by persons age sixteen with parental consent.
At the request of Senator Chafin, and by unanimous consent,
reference of the bill to a committee was dispensed with, and it was
taken up for immediate consideration, read a first time and ordered
to second reading.
The Senate proceeded to the fourth order of business.
Senator Unger, from the Committee on Transportation and Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had
under consideration
Senate Bill No. 342, Updating requirements for new subdivision
highway access.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 342 (originating in the
Committee on Transportation and Infrastructure)--A Bill to amend
and reenact §17-4-50 of the Code of West Virginia, 1931, as
amended, relating to the requirements for new subdivisions in
relation to highway access.
With the recommendation that the committee substitute do pass;
but under the original double committee reference first be referred
to the Committee on Finance.
Respectfully submitted,
John R. Unger II,
Chair.
The bill (Com. Sub. for S. B. No. 342), under the original
double committee reference, was then referred to the Committee on
Finance.
Senator Unger, from the Committee on Transportation and
Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had under consideration
Senate Bill No. 556, Relating to defensive driving course
points deduction.
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,
John R. Unger II,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on the Judiciary.
Senator Unger, from the Committee on Transportation and
Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had
under consideration
Senate Bill No. 607, Creating Commuter Rail Access 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,
John R. Unger II,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on Finance.
The Senate proceeded to the sixth order of business.
On motions for leave, severally made, the following bills were
introduced, read by their titles, and referred to the appropriate
committees:
By Senators Bowman and Yost:
Senate Bill No. 663--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §17-17-14, relating to authorizing the Commissioner of
Highways to operate the Market Street Bridge in Brooke County that
spans the Ohio River as a toll bridge.
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on Finance.
By Senators Oliverio and Kessler:
Senate Bill No. 664--A Bill to amend and reenact §30-7-15a and
§30-7-15b of the Code of West Virginia, 1931, as amended, all
relating to expanding prescriptive authority of advanced nurse
practitioners.
Referred to the Committee on Health and Human Resources.
By Senators Green, Hall, Kessler, Helmick, Fanning and Chafin:
Senate Bill No. 665--A Bill to amend and reenact §24-2-3 of
the Code of West Virginia, 1931, as amended, relating to the use of
reported income tax expenses in setting the rates of certain public
utilities.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senators McCabe, Guills, Foster, Stollings and Kessler:
Senate Bill No. 666--A Bill to amend and reenact §8A-5-12 of
the Code of West Virginia, 1931, as amended; to amend and reenact
§16-13E-2, §16-13E-4 and §16-13E-7 of said code, as amended; and to
amend said code by adding thereto a new section, designated §16-
13E-10a, all relating to community enhancement districts;
procedures related to creation or expansion thereof; vesting period
for an approved land development plan and plat; and clarifying the
applicability of certain statutory provisions to such construction
under certain circumstances.
Referred to the Committee on Economic Development; and then to
the Committee on Finance.
By Senator Oliverio:
Senate Bill No. 667--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §61-6-26, relating to unlawful panhandling and
solicitation; exempting fire departments; and providing criminal
penalties.
Referred to the Committee on the Judiciary.
By Senator Oliverio:
Senate Bill No. 668--A Bill to amend and reenact §8-14-19 of
the Code of West Virginia, 1931, as amended, relating to allowing
police officers to run for office except in the municipality where they work.
Referred to the Committee on the Judiciary.
By Senators Kessler, Yost, Stollings, Unger and Wells:
Senate Bill No. 669--A Bill to amend and reenact §16-2J-3 and
§16-2J-7 of the Code of West Virginia, 1931, as amended, all
relating to extending the Preventative Care Pilot Program (PCPP)
for two years under certain conditions; increasing the number of
parties the Health Care Authority and the Insurance Commissioner
could permit to participate in the PCPP; and providing notice to
the parties that prepaid services under the program may not count
towards applicable health insurance deductibles.
Referred to the Committee on Health and Human Resources; and
then to the Committee on Banking and Insurance.
By Senator Kessler:
Senate Bill No. 670--A Bill to amend and reenact §49-7-33 of
the Code of West Virginia, 1931, as amended, relating to the court-
ordered payment of medical or socially necessary services for
children by the Department of Health and Human Resources; excluding
expert fees and expenses associated with testifying; defining
medical services and socially necessary services; and establishing
a fee schedule for non-Medicaid approved providers.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Kessler and White:
Senate Bill No. 671--A Bill to amend and reenact §44A-1-7,
§44A-1-9, §44A-1-10 and §44A-1-14 of the Code of West Virginia,
1931, as amended; to amend and reenact §44A-2-1, §44A-2-5,
§44A-2-6, §44A-2-7, §44A-2-12, §44A-2-13, §44A-2-13a, §44A-2-14 and
§44A-2-15 of said code; to amend and reenact §44A-3-11 of said
code; and to amend and reenact §44A-4-1 and §44A-4-5 of said code,
all relating to the West Virginia Guardianship and Conservatorship
Act; clarifying transfer of venue; clarifying the posting of bond
by conservators; having the West Virginia Supreme Court of Appeals
coordinate education program and update materials and forms;
expanding temporary protective orders to include freezing accounts
and producing records; setting circuit court filing fee for filing
civil action; using additional fee funds for review of reports and
accountings by circuit clerk; clarifying who can access case files;
clarifying who is responsible for proper service; clarifying duties
and fees of appointed counsel; clarifying orders of the court and
time of entry; creating a notice of appointment to be filed with
the clerk of the county commission; increasing temporary
guardianships and conservatorships to six months; clarifying
procedure for subsequent petitions; clarifying time frame for
reports and accountings; increasing penalties for failure to file
reports and accountings; reporting elder abuse; clarifying when
appointments terminate; clarifying duties of guardian and
conservator subsequent to death of protected person; and making technical corrections.
Referred to the Committee on the Judiciary.
By Senators Kessler, Helmick, McCabe, Prezioso, Plymale,
Stollings, Jenkins, Minard, Unger and Wells:
Senate Bill No. 672--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §4-9-1, §4-9-2 and §4-9-3; and to amend said code by
adding thereto a new section, designated §9-2-9a, all relating
generally to mental health; creating special Joint Committee on
Mental Health; committee's composition and duties; requiring
agencies to cooperate with committee; requiring review of mental
health rate increases; providing for Mental Health Stabilization
Act of 2009; making legislative findings; increasing reimbursement
rates in mental health service codes; requiring periodic reports to
Joint Committee on Government and Finance; and providing an
implementation date and a termination date.
Referred to the Committee on Finance; and then to the
Committee on Rules.
By Senators Bowman, Yost, Edgell, Snyder, Kessler and Minard:
Senate Bill No. 673--A Bill to amend and reenact §29-22A-3 of
the Code of West Virginia, 1931, as amended, relating to defining
the term "promotional credits"; and excluding promotional credits
from the definition of "gross terminal income" for video lottery
terminal purposes.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Wells, Plymale and McCabe:
Senate Bill No. 674--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §29-6-29, relating to requiring the Director of the
Division of Personnel to develop a demographic information survey
to be completed by all officers and employees of the state; and
providing that completion of the survey is mandatory, but the
officers and employees may not be identified.
Referred to the Committee on Government Organization.
By Senator Sypolt:
Senate Bill No. 675--A Bill to amend and reenact §29-22A-3 of
the Code of West Virginia, 1931, as amended, relating to
definitions applicable to racetrack video lottery; defining "horse
rescue league"; authorizing the construction and operation of a
pari-mutuel horse racing facility in northeastern West Virginia;
designating said facility as a horse-themed park; requiring said
facility to have certain amenities; and establishing a date certain
for the beginning of construction to maintain licensure.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Minard, Oliverio, Helmick, Jenkins and Unger:
Senate Bill No. 676--A Bill to amend and reenact §17D-2A-5 of the Code of West Virginia, 1931, as amended, relating to reducing
the number of uninsured motor vehicles operating in West Virginia
by requiring any motor insurance company licensed by the State of
West Virginia to electronically provide daily to the Division of
Motor Vehicles a notice of all active motor vehicle insurance
policies.
Referred to the Committee on Banking and Insurance; and then
to the Committee on Government Organization.
By Senators Wells and Kessler:
Senate Bill No. 677--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §31B-3-303a; to amend said code by adding thereto a new
section, designated §31D-8-860a; to amend said code by adding
thereto a new section, designated §31E-8-813; and to amend said
code by adding thereto a new section, designated §47B-3-3a, all
relating to requiring any partnership, limited liability company,
nonprofit corporation or business corporation conducting business
in this state and receiving funds from this state to provide, upon
request of any citizen and without charge, the names of its
partners, board of directors or whoever is vested with the
management of the affairs of the particular entity by whatever name
they may be called and the names of the partners, board of
directors or whoever is vested with the management of the affairs
of the particular entity by whatever name they may be called of its parent organization, if any, as is applicable to the particular
entity; and cessation of funding for failure to comply.
Referred to the Committee on the Judiciary.
By Senators Browning, McCabe, K. Facemyer, Unger, Helmick,
Foster, Stollings, Jenkins and Kessler:
Senate Bill No. 678--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §11-6J-1, §11-6J-2, §11-6J-3, §11-6J-4, §11-6J-5 and
§11-6J-6; and to amend and reenact §11-15-8d and §11-15-9h of said
code, all relating to taxation; providing mandated salvage
valuation of certain high-technology businesses' property;
specifying short title; providing definition; specifying method for
valuation of property; specifying initial determination by county
assessor; specifying procedure for protest and appeal; specifying
limitations on right to assert exemptions; exempting certain items
installed into building or facility for direct use in specified
business activity; providing definitions; and specifying effective
dates.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senators Plymale, Jenkins and Kessler:
Senate Bill No. 679--A Bill to amend and reenact §61-11-6 of
the Code of West Virginia, 1931, as amended, relating to making a
felony offense the crime of accessory after the fact to a felony; and creating a penalty.
Referred to the Committee on the Judiciary.
By Senators Plymale and McCabe:
Senate Bill No. 680--A Bill to repeal §11-14C-48 of the Code
of West Virginia, 1931, as amended; and to amend and reenact §11-
14C-5, relating to establishing the average wholesale price of
motor fuel for the 2010 calendar year for purposes of calculating
the rate of motor fuel excise tax.
Referred to the Committee on Finance.
By Senators Plymale and Jenkins:
Senate Bill No. 681--A Bill to amend and reenact §61-2-10b and
§61-2-14e of the Code of West Virginia, 1931, as amended, all
relating to crimes against certain protected persons; providing a
mandatory term of ten years' imprisonment for malicious assault on
certain individuals and officers; providing that the term of
imprisonment for unlawful assault on certain individuals and
officers be not less than three to not greater than fifteen years;
clarifying the penalty provisions regarding battery and assault on
certain individuals and officers; adding specified government
officials, representatives and employees to the list of protected
officials; and adding aiders and abettors of crimes against certain
individuals and officers to those who would be guilty as the
principal offender.
Referred to the Committee on the Judiciary.
By Senators Plymale and Jenkins:
Senate Bill No. 682--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §61-3-11a; and to amend and reenact §61-3-12 of said
code, all relating to the manufacture or possession of burglary
tools; penalties; and extending criminal penalties for prohibited
entry upon commercial property enclosed by a fence or similar
physical barrier.
Referred to the Committee on the Judiciary.
By Senator Barnes:
Senate Bill No. 683--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §29-5A-3a, relating to authorizing mixed martial arts
competitions; and authorizing the State Athletic Commission to
propose rules.
Referred to the Committee on the Judiciary.
By Senators Bowman (By Request) and Fanning:
Senate Bill No. 684--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §19-1B-15, relating to timbering operators; requiring
repair and restoration of roads; and providing civil and criminal
penalties.
Referred to the Committee on Natural Resources; and then to
the Committee on the Judiciary.
By Senator Oliverio:
Senate Bill No. 685--A Bill to amend and reenact §9-7-1,
§9-7-2, §9-7-3, §9-7-4, §9-7-5, §9-7-6, §9-7-7 and §9-7-8 of the
Code of West Virginia, 1931, as amended; to amend said code by
adding thereto a new section, designated §9-7-5a; to amend and
reenact §33-41-1, §33-41-2 and §33-41-4 of said code; to amend said
code by adding thereto a new section, designated §33-41-4a; and to
amend and reenact §33-41-7, §33-41-8 and §33-41-8b of said code,
all relating to fraud and associated violations involving Medicaid,
insurance and health care; authorizing the Medicaid Fraud Control
Unit to investigate certain complaints; defining terms; authorizing
the Medicaid Fraud Control Unit to request search warrants and
cooperate with law-enforcement agencies; authorizing the Medicaid
Fraud Control Unit to receive reports of fraudulent or illegal
misconduct; increasing criminal penalties; creating the felony of
attempting to cause an unauthorized expenditure from the Medical
Services Fund; providing for the seizure and forfeiture of
properties belonging to persons convicted of a crime related to
state medical services; excluding providers convicted of a crime
related to state medical services; setting forth venue rules for
criminal and civil state medical programs fraud actions;
authorizing the Insurance Fraud Unit to investigate health care
fraud; defining terms; authorizing the Insurance Fraud Unit to
initiate inquiries and conduct investigations of certain provisions of the code; and allowing authorized persons in the Insurance Fraud
Unit to submit complaints to the magistrate regarding violations of
certain provisions of the code.
Referred to the Committee on Health and Human Resources; and
then to the Committee on Banking and Insurance.
By Senators Minard, Oliverio, Helmick and Williams:
Senate Bill No. 686--A Bill to amend and reenact §17C-6-7a of
the Code of West Virginia, 1931, as amended, relating to allowing
the West Virginia State Police to use traffic law photo-monitoring
devices for verification of security upon a motor vehicle pursuant
to the provisions of section one, article two-a, chapter seventeen
of said code.
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on the Judiciary.
By Senators Prezioso, Stollings, Foster, Plymale, Unger and
Kessler:
Senate Bill No. 687--A Bill to amend and reenact §16-42-7 of
the Code of West Virginia, 1931, as amended, relating to extending
the expiration date of the Comprehensive Behavioral Health
Commission.
Referred to the Committee on Government Organization.
By Senator Green:
Senate Bill No. 688--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section, designated §61-2-8a, relating to making it illegal to transport a
minor across state lines to obtain an abortion without written
consent by both parents; and providing for a misdemeanor penalty.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senator Minard:
Senate Bill No. 689--A Bill to amend and reenact §33-26A-3,
§33-26A-5, §33-26A-6, §33-26A-8, §33-26A-9, §33-26A-10 and §33-26A-
18 of the Code of West Virginia, 1931, as amended, all relating to
the life and health insurance guaranty association; making specific
provision for treatment of unallocated annuity contracts and
structured settlement contracts; providing how payments to
residents and nonresidents are determined; providing that duplicate
payments not be made; excluding certain policies, portions of
policies and obligations from coverage; setting new limits on
coverage for various types of policies and contracts; defining
terms; changing the composition of the annuity and unallocated
annuity accounts; eliminating the association's power to make loans
to an insolvent insurer and making other changes to its powers and
duties; increasing the permissible maximum annual pro rata
assessment; setting forth a process for the protest of assessments;
mandating that members comply with requests for information from
the association; requiring that the plan of operation include
provisions for removing a director for cause and addressing conflicts of interest; and increasing the length of the stay of
court proceedings involving an insolvent insurer.
Referred to the Committee on Banking and Insurance; and then
to the Committee on the Judiciary.
By Senators Guills and Foster:
Senate Bill No. 690--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §5A-3-59, relating to small, women- and minority-owned
businesses
Referred to the Committee on Interstate Cooperation; and then
to the Committee on the Judiciary.
By Senators Bowman, Palumbo, Foster, Snyder and Browning:
Senate Bill No. 691--A Bill to amend and reenact §24-1-1, of
the Code of West Virginia, 1931, as amended; and to amend and
reenact §24-2-1 and §24-2-12 of said code, all relating to setting
forth legislative purpose and plan regarding modernizing and
streamlining antiquated telecommunications regulation; confirming
the lack of jurisdiction of the Public Service Commission or any
other department, agency, commission or political subdivision of
the state with respect to internet protocol-enabled services,
including broadband, video, voice or data communications using
internet protocol-enabled services; definitions; exceptions and
reservations; and providing that, effective July 1, 2009, the
requirements of section twelve, article two, chapter twenty-four of said code no longer apply to telecommunications carriers, as that
term is defined in 47 U. S. C. §153, subject to certain exceptions
and provisos.
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on the Judiciary.
By Senator Kessler:
Senate Bill No. 692--A Bill to amend and reenact §22A-5-1 and
§22A-5-2 of the Code of West Virginia, 1931, as amended; and to
amend said code by adding thereto two new sections, designated
§22A-5-3 and §22A-5-4, all relating to creating a full-time
administrative law judge for the Office of Miners' Health, Safety
and Training; and providing the method for appointment of members
of the board.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators McCabe, Edgell, White, D. Facemire, Sypolt, Green,
Browning, Foster, Williams, Jenkins and Kessler:
Senate Bill No. 693--A Bill to amend and reenact §59-1-2 of
the Code of West Virginia, 1931, as amended, relating to
improvements to the technology infrastructure of the West Virginia
Secretary of State's office.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senators Kessler and White:
Senate Bill No. 694--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §15-5-28, relating to mutual aid agreements;
establishing a statewide intrastate mutual aid system; setting
forth legislative findings; authorizing the Director of the
Division of Homeland Security and Emergency Management to propose
a statewide mutual aid agreement; establishing procedures to allow
local jurisdictions to elect not to participate; establishing
procedures to amend the mutual aid agreement; creating a Statewide
Mutual Aid Committee; and establishing procedures for comment for
changes to the agreement and the reenactment of the agreement.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Tomblin (Mr. President), Helmick, Foster, McCabe
and Kessler:
Senate Bill No. 695--A Bill to amend and reenact §5-5-6 of the
Code of West Virginia, 1931, as amended, relating to payment for
unused sick leave; limiting employees to a lifetime payment of
$25,000; providing caps on the amount the daily rate of pay is
calculated by; providing that payment may be made upon application
and verification that the employee is eligible for payment; and
provisions to be applied retroactively.
Referred to the Committee on Finance.
By Senators Kessler, Plymale and Unger:
Senate Bill No. 696--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §11-13Z-1, §11-13Z-2, §11-13Z-3, §11-13Z-4, §11-13Z-5,
§11-13Z-6, §11-13Z-7, §11-13Z-8 and §11-13Z-9, all relating to
establishing a tax credit for medical providers who provide
services at no charge to free health clinics in the state; setting
the amount of tax credit; and authorizing the Tax Commissioner to
promulgate rules.
Referred to the Committee on Health and Human Resources; and
then to the Committee on Finance.
By Senators Boley and White:
Senate Bill No. 697--A Bill to amend and reenact §16-3-4 of
the Code of West Virginia, 1931, as amended, relating to providing
medical and nonmedical exemptions from mandatory immunizations for
school children; requiring parental or guardian affidavit of
conscientious or religious belief; requiring parents and guardians
to assert their beliefs in an affidavit and to present an affidavit
affirming that they have completed an educational course regarding
the risks and benefits of immunizations; providing that the
affidavit be provided before the exemption may apply; providing
rule-making authority to the Commissioner of the Bureau for Public
Health; and providing that the Legislature has the sole authority
to add or delete required vaccinations or exemptions for school
attendance.
Referred to the Committee on Health and Human Resources; then
to the Committee on Education; and then to the Committee on the
Judiciary.
By Senators McCabe, Browning, Plymale, Chafin and Stollings:
Senate Bill No. 698--A Bill to amend and reenact §16-13D-1,
§16-13D-2, §16-13D-8 and §16-13D-15 of the Code of West Virginia,
1931, as amended; to amend said code by adding thereto two new
sections, designated §16-13D-10a and §16-13D-10b; and to amend and
reenact §24-2-3 and §24-2-4b of said code, all relating to
authorizing regional water authorities, regional wastewater
authorities and regional water and wastewater authorities to
provide for the joint maintenance of its participating public
agencies; authorizing regional water authorities, regional
wastewater authorities and regional water and wastewater
authorities to extend service to unserved customers within its
territory; and establishing an ordinance procedure for regional
water authorities, regional wastewater authorities and regional
water and wastewater authorities.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senators Caruth and McCabe:
Senate Bill No. 699--A Bill to amend and reenact §55-7-24 of
the Code of West Virginia, 1931, as amended, relating to properly
apportioning the percentage of fault to all defendants whose tortious conduct caused an incident, injury or damages at issue in
a case.
Referred to the Committee on the Judiciary.
By Senator Caruth:
Senate Bill No. 700--A Bill to amend and reenact §24-2-15 of
the Code of West Virginia, 1931, as amended, relating to allowing
natural gas utilities to immediately recover increases in fuel
costs which are later reviewed by the Public Service Commission and
subject to refund if it is determined that the utility overstated
its gas costs.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senator Kessler:
Senate Bill No. 701--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §1-7-1, §1-7-2, §1-7-3, §1-7-4, §1-7-5, §1-7-6 and §1-7-
7, all relating to the freedom of religion in West Virginia.
Referred to the Committee on the Judiciary.
By Senators McCabe, Hall, Minard, Jenkins, Caruth and Kessler:
Senate Bill No. 702--A Bill to amend and reenact §23-2C-15 of
the Code of West Virginia, 1931, as amended, relating to changing
the date through which governmental entities are required to
purchase workers' compensation through West Virginia Mutual
Insurance Company.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senator Green:
Senate Bill No. 703--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §16-2I-11, relating to reporting requirements for
physicians and the Department of Health and Human Resources when it
is suspected that a woman has suffered injury or death due to an
induced abortion; contents of the reports; duties of the
department; and providing criminal penalties.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senator Caruth:
Senate Bill No. 704--A Bill to amend and reenact §22A-1-2 of
the Code of West Virginia, 1931, as amended, relating to the
definitions of "mine" and "work of preparing the coal".
Referred to the Committee on Energy, Industry and Mining; and
then to the Committee on Finance.
By Senator Unger:
Senate Bill No. 705--A Bill to amend and reenact §18A-4-7A of
the Code of West Virginia, 1931, as amended, relating to limiting
professional personnel transfers to another professional position
subsequent to August 1.
Referred to the Committee on Education; and then to the Committee on Finance.
By Senators Unger, Jenkins, Green, Stollings, Foster,
Prezioso, Plymale, Kessler, Williams and McCabe:
Senate Bill No. 706--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §15-2-53, relating to the establishment of a leave
donation program for the largest statewide professional law-
enforcement association representing members of the West Virginia
State Police.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senators Caruth, Edgell, McCabe and Stollings:
Senate Bill No. 707--A Bill to amend and reenact §22A-6-7 of
the Code of West Virginia, 1931, as amended, relating to the Board
of Coal Mine Health and Safety; the Coal Mine Safety and Technical
Review Committee; and requiring the committee to provide a forum
for resolution of technical, economic and environmental issues.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Laird and Kessler:
Senate Bill No. 708--A Bill to amend and reenact §48-27A-1 of
the Code of West Virginia, 1931, as amended, relating to the
Domestic Violence Fatality Review Team; providing for funeral
arrangements for victims of domestic violence by uninvolved surviving family members of the victim of a domestic violence
fatality; prohibiting any person charged with causing the fatality
from making funeral arrangement; and requiring director to
promulgate legislative rules covering these funeral arrangements.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senator White:
Senate Bill No. 709--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §46A-2-140, relating to the prevention of predatory
lending practices.
Referred to the Committee on Banking and Insurance; and then
to the Committee on the Judiciary.
By Senators Guills and Unger:
Senate Bill No. 710--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §11-15-9l, relating to exempting church or religious
organization retail sales of clothing and clothing accessories from
the consumers sales tax; and authorizing the Tax Commissioner to
designate the exemption as a per se exemption.
Referred to the Committee on Finance.
By Senator Chafin:
Senate Bill No. 711--A Bill to amend and reenact §7-7-7 of the
Code of West Virginia, 1931, as amended, relating to providing that a person convicted of a felony may not be employed in any
courthouse in this state or in any other position or job by a
county where that person would have access to sensitive or
confidential information.
Referred to the Committee on the Judiciary.
By Senator Unger:
Senate Bill No. 712--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §46A-6M-1, §46A-6M-2, §46A-6M-3, §46A-6M-4, §46A-6M-5,
§46A-6M-6, §46A-6M-7, §46A-6M-8, §46A-6M-9, §46A-6M-10, §46A-6M-11,
§46A-6M-12, §46A-6M-13 and §46A-6M-14, all relating to creating the
Refund Anticipation Loan Act; defining terms; setting forth the
requirements for persons granting loans to consumers based on their
anticipated income tax refunds; posting of bonds, fee schedules and
disclosures; identifying prohibited activities; setting a cap on
the amount of interest; setting forth penalties and remedies;
granting the Commissioner of Banking with rule-making authority;
and providing a severability clause.
Referred to the Committee on Finance.
By Senator Caruth:
Senate Bill No. 713--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding a new article thereto,
designated §56-5A-1 and §56-5A-2, all relating to trials; pleading
and practice; and providing a statutory procedure for an offer of judgment prior to trial and assessment of costs in certain
situations.
Referred to the Committee on the Judiciary.
By Senator Chafin:
Senate Bill No. 714--A Bill to amend and reenact §62-11A-1a of
the Code of West Virginia, 1931, as amended, relating to sentencing
alternatives; and unifying the custody and supervision of persons
participating in an alternative sentencing program under the county
sheriff.
Referred to the Committee on the Judiciary.
Senators Chafin and Kessler offered the following resolution:
Senate Concurrent Resolution No. 37--Requesting the Joint
Committee on Government and Finance study the various benefits and
burdens to the State of West Virginia in faithfully executing the
penal laws of this state.
Whereas, The various penal laws of the State of West Virginia
are the products of several centuries of Anglo-American
jurisprudence; and
Whereas, The penal laws of what is now known as the State of
West Virginia have undergone significant revision throughout the
years, from being a product as a colony of the British crown, to
being part of the State of Virginia, and throughout the creation
and numerous amendments and reenactments of the Constitution of the
State of West Virginia and the Code of West Virginia; and
Whereas, As a result, provisions of the penal laws of this
state overlap and contradict; and
Whereas, Some offenses under the penal laws have become
obsolete or out of touch with significant changes in society; and
Whereas, Some penalties are disproportionate to the harm
involved or in comparison to other offenses; and
Whereas, Some criminal offenses are defined outside the
criminal code, and important common-law rules remain in force but
not codified; and
Whereas, As the State of West Virginia has entered the twenty-
first century, it is necessary to conduct a comprehensive study and
analysis of the state's existing criminal and procedural and
sentencing laws; and
Whereas, In particular such study would review offenses and
penalties for proportionality as well as for public protection,
crime deterrence and offender rehabilitation; and
Whereas, Such study would also involve the review of the
various laws of this state there could be numerous possibilities
for more simple and clear language and a more coherent structure
for these laws; and
Whereas, The study would in addition address the changing
nature of crime in such areas as, for example, gang activity, drug
trafficking and computer technology within the State of West
Virginia; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study the various benefits and burdens to the State of
West Virginia in faithfully executing the current penal laws of
this state; and, be it
Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 2010, on
its findings, conclusions and recommendations, together with drafts
of any legislation necessary to effectuate its recommendations;
and, be it
Further Resolved, That the expenses necessary to conduct this
study, to prepare a report and to draft necessary legislation be
paid from legislative appropriations to the Joint Committee on
Government and Finance.
Which, under the rules, lies over one day.
Senator Unger offered the following resolution:
Senate Concurrent Resolution No. 38--Requesting the Division
of Highways name the section of Route 9 from Martinsburg to
Berkeley Springs the "Ray Johnston Memorial Highway".
Whereas, Ray Johnston was born April 3, 1934, in Albert Lea,
Minnesota; and
Whereas, Ray Johnston visited the eastern panhandle 51 years
ago and would eventually make it his home; and
Whereas, Ray Johnston was a visionary and leader for development in the eastern panhandle; and
Whereas, Ray Johnston was an innovator who was responsible for
the creation of the Eastern Panhandle Home Builders Association,
which has manifested itself into a large, influential and
prosperous local association; and
Whereas, Ray Johnston had a major impact on the state level,
where he served as President of the West Virginia Home Builder's
Association; and
Whereas, Ray Johnston was Past President of the Martinsburg-
Berkeley County Chamber of Commerce, where he spearheaded the
efforts to obtain funding for the expansion of Route 9; and
Whereas, Ray Johnston is responsible for the current segment
of Route 9 being made into a four-lane highway; and
Whereas, Ray Johnston developed many properties that will
better the quality of life for current and future generations of
West Virginians, including his crown jewel, The Woods Resort, which
is now home to more than 1,000 families and features such amenities
as golf courses, lodge, restaurant, conference center, spa, sports
center, tennis courts and swimming pools; and
Whereas, Ray Johnston was married to his beloved wife
Madeline, with whom he shared the joy of having two daughters,
Sally and Joy; and
Whereas, Sadly, Ray Johnston passed away November 14, 2008,
bringing to an end the life of a visionary, innovator and one of West Virginia's great leaders and leaving behind his loving family
and a host of friends; and
Whereas, It is fitting to honor Ray Johnston and his
contributions to the eastern panhandle and State of West Virginia
which will benefit future generations of West Virginians to come by
naming the section of Route 9 from Martinsburg to Berkeley Springs
the "Ray Johnston Memorial Highway"; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways
name the section of Route 9 from Martinsburg to Berkeley Springs
the "Ray Johnston Memorial Highway"; and, be it
Further Resolved, That the Division of Highways is hereby
requested to have made and be placed signs identifying the highway
as the "Ray Johnston Memorial Highway"; and, be it
Further Resolved, That the Clerk of the Senate is hereby
directed to forward a copy of this resolution to the Secretary of
the Department of Transportation and to the family of Ray Johnston.
Which, under the rules, lies over one day.
Senators Plymale, Jenkins, Minard, Unger and Kessler offered
the following resolution:
Senate Resolution No. 38--Recognizing Patrolman First Class
Ryan Nelson Bentley for his courage in the line of fire.
Whereas, Ryan Nelson Bentley is the son of Ralph and Laura
Bentley and the brother of Joel and Treacy; and
Whereas, Ryan Nelson Bentley is married to his beloved wife
Jocelyn, with whom he shares the joy of having their son, Alec; and
Whereas, Ryan Nelson Bentley has been a Patrolman First Class
Officer with the City of Huntington Police Department since May 5,
2000; and
Whereas, Officer Bentley was on night patrol March 4, 2009,
when he came upon an armed robbery in progress; and
Whereas, Officer Bentley approached the suspect and the
suspect fled on foot; and
Whereas, Officer Bentley gave chase and the suspect opened
fire, striking him twice; and
Whereas, Officer Bentley, although wounded, was able to
identify the suspect, who ultimately was arrested; and
Whereas, Officer Bentley's display of courage and desire to
protect the public should serve as an example to all law-
enforcement officers throughout the State of West Virginia; and
Whereas, The people of Huntington and the State of West
Virginia will be forever grateful to Officer Bentley for his
courage and bravery; therefore, be it
Resolved by the Senate:
That the Senate hereby recognizes Patrolman First Class Ryan
Nelson Bentley for his courage in the line of fire; and, be it
Further Resolved, That the Senate wishes Officer Bentley a
full and speedy recovery to good health; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to Patrolman First Class Ryan Nelson
Bentley.
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, Fanning, Plymale, McCabe, Jenkins, Minard and
Unger offered the following resolution:
Senate Resolution No. 39--Recognizing the public service of
Estil L. "Breezy" Bevins, former Senate Doorkeeper, Sergeant-at-
Arms, Mayor and dedicated public servant.
Whereas, Estil L. "Breezy" Bevins was born October 10, 1927,
in Sidney, Kentucky, the son of Willie and Sadie Smith Bevins; and
Whereas, Estil L. "Breezy" Bevins was married to his beloved
wife Betty Rae Chandler on November 25, 1948. They are the proud
parents of three children and the grandparents of six
grandchildren; and
Whereas, Estil L. "Breezy" Bevins received his education in
the Kentucky public schools and Southern West Virginia Community
College; and
Whereas, Estil L. "Breezy" Bevins served his nation with pride
and distinction in the United States Army, where he was also a
standout basketball player at Fort Meade, Maryland; and
Whereas, After serving in the military, Estil L. "Breezy"
Bevins worked as a brakeman/conductor for the N & W Railroad until
he retired in 1972; and
Whereas, Estil L. "Breezy" Bevins has served in a myriad of
community-related positions, including his service as a member of
the Williamson City Council for 12 years and as Mayor of the City
of Williamson. He has also participated in a number of civic
organizations, including his membership in the Tug Valley Red
Cross, where he served as chairman for eight years; a Mason; a
Shriner; and a former chairman of the W.I.N. Council; and
Whereas, Estil L. "Breezy" Bevins served as an assistant
doorkeeper to the West Virginia Senate during the 61st Legislature.
He was elected the Senate Doorkeeper in 1975, 1977 and 1979. He
was elected as the Senate Sergeant-at-Arms in 1981 and served until
his resignation in 1993. He served as a criminal investigator with
the West Virginia Tax Department from 1993 to 1999; therefore, be
it
Resolved by the Senate:
That the Senate hereby recognizes the public service of Estil
L. "Breezy" Bevins, former Senate Doorkeeper, Sergeant-at-Arms,
Mayor and dedicated public servant; and, be it
Further Resolved, That the Senate hereby recognizes Estil L.
"Breezy" Bevins for his dedication and commitment to his community;
and, be it
Further Resolved, That the Senate extends its appreciation to
Estil L. "Breezy" Bevins for his service to the Senate of West
Virginia as its 47th Doorkeeper and 45th Sergeant-at-Arms; and, be
it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to Estil L. "Breezy" Bevins.
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.
Petitions
Senator Foster presented a petition from Jennifer Lilly and
numerous Kanawha County residents, opposing Committee Substitute
for House Bill No. 2027 (
Creating an excise tax on methadone).
Referred to the Committee on Finance.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 34, Requesting Division of
Highways name Taylorville Bridge "R. A. West 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. 35, Requesting Division of
Highways name bridge in Mercer County "Staff Sergeant Stanley Brian
Reynolds Memorial Bridge".
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on
Transportation and Infrastructure.
House Concurrent Resolution No. 23, The "Corporal Alfred E.
Collins Bridge".
On unfinished business, coming up in regular order, was
reported by the Clerk.
The question being on the adoption of the resolution, the same
was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
The Senate proceeded to the eighth order of business.
Eng. Senate Bill No. 12, Allowing 2-year motorcycle
registration period.
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: Boley, Bowman,
Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird,
Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings,
Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr.
President)--31.
The nays were: None.
Absent: Barnes, K. Facemyer and McCabe--3.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 12) 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. 75, Establishing alcohol
use by minors as juvenile delinquent offense.
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: Boley, Bowman,
Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, Fanning,
Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird,
Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings,
Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr.
President)--31.
The nays were: None.
Absent: Barnes, K. Facemyer and McCabe--3.
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. 75) 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. 256, Providing additional
requirements for certain property annexation.
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: Boley, Bowman,
Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, Fanning,
Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird,
Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings,
Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr.
President)--31.
The nays were: None.
Absent: Barnes, K. Facemyer and McCabe--3.
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.
256) 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. 261, Mandating party
executive committees submit certain nominees 70 days before
election.
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: Boley, Bowman,
Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, Fanning,
Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird,
Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings,
Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr.
President)--31.
The nays were: None.
Absent: Barnes, K. Facemyer and McCabe--3.
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.
261) 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. 335, Authorizing Division of Culture and
History distribute fairs and festivals' funding.
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: Boley, Bowman,
Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, Fanning,
Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird,
Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings,
Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--31.
The nays were: None.
Absent: Barnes, K. Facemyer and McCabe--3.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No.
335) passed with its title.
Senator Chafin moved that the bill take effect July 1, 2009.
On this question,
the yeas were: Barnes, Boley, Bowman,
Browning, Chafin, Deem, Edgell, D. Facemire, Fanning, Foster,
Green, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard,
Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt,
Unger, Wells, White, Williams, Yost and Tomblin (Mr.
President)--31.
The nays were: None.
Absent: Caruth, K. Facemyer and Guills--3.
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. 335) takes effect July 1, 2009.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 476, Relating to "financial institution"
definition.
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, Fanning,
Foster, Green, Hall, Helmick, Jenkins, Kessler, Laird, McCabe,
Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings,
Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr.
President)--31.
The nays were: None.
Absent: Caruth, K. Facemyer and Guills--3.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No.
476) 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. 503, Defining "sound financial
condition".
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, Fanning,
Foster, Green, Hall, Helmick, Jenkins, Kessler, Laird, McCabe,
Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings,
Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr.
President)--31.
The nays were: None.
Absent: Caruth, K. Facemyer and Guills--3.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No.
503) 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. 521, Including telecommunications devices
as jail contraband.
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, Fanning,
Foster, Green, Hall, Helmick, Jenkins, Kessler, Laird, McCabe,
Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings,
Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr.
President)--31.
The nays were: None.
Absent: Caruth, K. Facemyer and Guills--3.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No.
521) 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. 594, Requiring monthly fund installments to Courtesy Patrol.
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, Fanning,
Foster, Green, Hall, Helmick, Jenkins, Kessler, Laird, McCabe,
Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings,
Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr.
President)--31.
The nays were: None.
Absent: Caruth, K. Facemyer and Guills--3.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No.
594) passed with its title.
Senator Chafin moved that the bill take effect July 1, 2009.
On this question,
the yeas were: Barnes, Boley, Bowman,
Browning, Chafin, Deem, Edgell, D. Facemire, Fanning, Foster,
Green, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard,
Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt,
Unger, Wells, White, Williams, Yost and Tomblin (Mr.
President)--31.
The nays were: None.
Absent: Caruth, K. Facemyer and Guills--3.
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. 594) takes effect July 1, 2009.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
The Senate proceeded to the ninth order of business.
Com. Sub. for Senate Bill No. 244, Relating to public
employees' reemployment after retirement.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 399, Creating senior resident hunting, fishing
and trapping license.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 424, Converting financial institution to
state-chartered bank.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 464, Authorizing Public Employees Insurance
Agency charge fee for paper transactions.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 468, Requiring redemption property purchaser
pay in certified funds.
On second reading, coming up in regular order, was read a second time.
The following amendment to the bill, from the Committee on
Finance, was reported by the Clerk and adopted:
On page one, section twenty-four, line one, by striking out
the words "receiving certified funds" and inserting in lieu thereof
the words "payment made by cashier check, money order, certified
check or United States currency".
The bill (S. B. No. 468), as amended, was then ordered to
engrossment and third reading.
Com. Sub. for Senate Bill No. 489, Allowing Board of Banking
and Financial Institutions receive travel expense compensation.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 494, Authorizing Insurance Commissioner order
restitution in certain cases.
On second reading, coming up in regular order, was read a
second time.
The following amendment to the bill, from the Committee on
Banking and Insurance, was reported by the Clerk and adopted:
O
n page two, section eleven, line fifteen, after the word
"due" by changing the comma to a colon, striking out the words "
and
to pay restitution to any person who has suffered damages as a
result of the illegal, improper or unjust manner of transacting
business"
and inserting the following proviso: Provided, That in any order issued pursuant to subsection (j), section nine of this
article or entered as a result of a regulatory enforcement action
initiated and prosecuted by the commissioner pursuant to this
section or section eleven, article three of this chapter, the
commissioner may, in addition to or in lieu of any other penalties
or remedies provided therein, order an insurer to pay restitution
to affected persons.
The bill (S. B. No. 494), as amended, was then ordered to
engrossment and third reading.
Com. Sub. for Senate Bill No. 501, Prohibiting animal gas
chamber euthanasia.
On second reading, coming up in regular order, was read a
second time.
On motion of Senator Browning, the following amendments to the
bill were reported by the Clerk, considered simultaneously, and
adopted:
On page eight, section eight, line one, after the word "dogs"
by inserting the words "and cats";
On page eight, section eight, line two, after the word "dogs"
by inserting the words "and cats";
On page eight, section eight, line four, by striking out the
words "dog pound" and inserting in lieu thereof the words "or
municipal animal shelter";
On page eight, section eight, line six, after the word "dogs" by inserting the words "and cats";
On page nine, section eight, line twenty-three, after the word
"dog" by inserting the words "or cat";
On page ten, section eight, line forty-one, after the word
"dog" by inserting the words "or cat";
On page ten, section eight, line forty-four, after the word
"dog" by inserting the words "or cat";
On page ten, section eight, line forty-five, after the word
"dog" by inserting the words "or cat";
On page ten, section eight, line forty-seven, by striking out
the word "and" and inserting in lieu thereof the words "or cat and,
in the case of a dog,";
On page eleven, section eight, line fifty-two, after the word
"dog" by inserting the words "or cat";
On page eleven, section eight, line fifty-six, after the word
"dog" by inserting the words "or cat";
On page eleven, section eight, line sixty-one, after the word
"dogs" by inserting the words "or cats";
On page eleven, section eight, line sixty-two, after the word
"dogs" by inserting the words "or cats";
And,
On page eleven, section eight, line sixty-two, after the word
"dog" by inserting the words "or cat".
At the request of Senator Barnes, and by unanimous consent, the bill (Com. Sub. for S. B. No. 501), as just amended, was
advanced to third reading with the right for further amendments to
be considered on that reading.
Com. Sub. for Senate Bill No. 526, Relating to osteopathy
post-doctoral training requirements.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 528, Depositing certain fees in counties'
general funds.
On second reading, coming up in regular order, was read a
second time.
The following amendment to the bill, from the Committee on
Finance, was reported by the Clerk and adopted:
On page three, section ten, line thirty-two, by striking out
the word "and" and inserting a comma and the words "$1 of which
shall be designated for the operation of the county clerk's
office;".
The bill (S. B. No. 528), as amended, was then ordered to
engrossment and third reading.
Com. Sub. for Senate Bill No. 535, Authorizing municipalities
and county commissions set closing time for certain bars.
On second reading, coming up in regular order, was reported by
the Clerk.
At the request of Senator Prezioso, unanimous consent being granted, the bill was laid over one day, retaining its place on the
calendar.
Com. Sub. for Senate Bill No. 540, Clarifying certain Tax
Commissioner's authorities.
On second reading, coming up in regular order, was read a
second time.
At the request of Senator White, and by unanimous consent, the
bill was advanced to third reading with the right for amendments to
be considered on that reading.
Senate Bill No. 572, Repealing section creating Public
Employee Leave Benefit Analysis Board.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 581, Permitting certain minor blood donations
with parental consent.
On second reading, coming up in regular order, was reported by
the Clerk.
At the request of Senator Chafin, unanimous consent being
granted, the bill was laid over one day, retaining its place on the
calendar.
Senate Bill No. 587, Repealing section creating State
Personnel Advisory Council.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 588, Repealing section creating Public
Insurance Agency Advisory Board.
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. 591, Electing magistrates by
divisions.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 647, Authorizing Class IV cities' early voting
by mail.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 648, Requiring manual vote counting in certain
counties.
On second reading, coming up in regular order, was reported by
the Clerk.
At the request of Senator Barnes, unanimous consent being
granted, the bill was laid over one day, retaining its place on the
calendar.
The Senate proceeded to the tenth order of business.
The following bills on first reading, coming up in regular
order, were each read a first time and ordered to second reading:
Com. Sub. for Senate Bill No. 57, Relating to certain school
coaches' requirements.
Com. Sub. for Com. Sub. for Senate Bill No. 249, Relating to
annual school calendar.
Com. Sub. for Senate Bill No. 293, Creating felony offense of
unauthorized practice of certain health care professions.
Com. Sub. for Senate Bill No. 328, Creating WV Transportation
Finance Commission.
Com. Sub. for Senate Bill No. 379, Clarifying pharmacists and
pharmacies as health care providers.
Com. Sub. for Senate Bill No. 382, Adjusting State Rail
Authority's contract authority.
Com. Sub. for Com. Sub. for Senate Bill No. 404, Creating
sesquicentennial commission and fund.
Com. Sub. for Senate Bill No. 453, Relating to Public Service
Commission service of decisions.
And,
Senate Bill No. 493, Transferring central registry for head
injuries to Center for Excellence in Disabilities.
The Senate proceeded to the eleventh order of business and the
introduction of guests.
The Senate then proceeded to the twelfth order of business.
Remarks were made by Senators Stollings, Foster, Kessler, Hall
and Chafin
Thereafter, at the request of Senator Kessler, and by
unanimous consent, the remarks by Senator Foster were ordered printed in the Appendix to the Journal.
At the request of Senator McCabe, unanimous consent being
granted, the remarks by Senators Kessler and Chafin were ordered
printed in the Appendix to the Journal.
The Senate proceeded to the thirteenth order of business.
At the request of Senator McCabe, unanimous consent being
granted, it was ordered that the Journal show had Senator McCabe
been present in the chamber on Friday, March 20, 2009, he would
have voted "yea" on the passage of Engrossed Committee Substitute
for Committee Substitute for Senate Bill No. 279.
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Chafin, the Senate recessed until 5 p.m.
today.
Upon expiration of the recess, the Senate reconvened and, at
the request of Senator Chafin, unanimous consent being granted,
returned 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. 153, Authorizing Department of Environmental
Protection promulgate legislative rule relating to standards of
performance for new stationary sources.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 153 (originating in the
Committee on the Judiciary)--A Bill to amend and reenact article 3,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
generally to the promulgation of administrative rules by the
various executive or administrative agencies and the procedures
relating thereto; continuing rules previously promulgated by state
agencies and boards; legislative mandate or authorization for the
promulgation of certain legislative rules; authorizing certain of
the agencies to promulgate certain legislative rules in the form
that the rules were filed in the State Register; authorizing
certain of the agencies to promulgate certain legislative rule with
various modifications presented to and recommended by the
Legislative Rule-Making Review Committee; repealing certain
legislative rules; authorizing the Department of Environmental
Protection to promulgate a legislative rule relating to standards
of performance for new stationary sources; authorizing the
Department of Environmental Protection to promulgate a legislative
rule relating to hazardous waste management systems; authorizing
the Department of Environmental Protection to promulgate a
legislative rule relating to the assessment of civil administrative
penalties; authorizing the Department of Environmental Protection
to promulgate a legislative rule relating to the hazardous waste
management fee; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to surface
mining reclamation; authorizing the Department of Environmental
Protection to repeal a legislative rule relating to the control and
reduction of nitrogen oxides from nonelectric-generating units as
a means of mitigate transport of ozone precursors; authorizing the
Department of Environmental Protection to promulgate a legislative
rule relating to ambient air quality standards; authorizing the
Department of Environmental Protection to promulgate a legislative
rule relating to permits for construction, modification, relocation
and operation of stationary sources of air pollutants, notification
requirements, administrative updates, temporary permits, general
permits, permission to commence construction and procedures for
evaluation; authorizing the Department of Environmental Protection
to promulgate a legislative rule relating to permits for
construction and major modification of major stationary sources of
air pollution for the prevention of significant deterioration;
authorizing the Department of Environmental Protection to
promulgate a legislative rule relating to the control of air
pollution from hazardous waste treatment, storage and disposal
facilities; authorizing the Department of Environmental Protection
to repeal a legislative rule relating to the Nox budget trading
program as a means of control and reduction of nitrogen oxides from
electric-generating units; authorizing the Department of
Environmental Protection to promulgate a legislative rule relating to emission standards for hazardous air pollutants; authorizing the
Department of Environmental Protection to promulgate a legislative
rule relating to a mercury budget training program to reduce
mercury emissions; authorizing the Department of Environmental
Protection to promulgate a legislative rule relating to the
WV/NPDES rules for coal mining facilities; authorizing the
Department of Environmental Protection to promulgate a legislative
rule relating to the State Water Pollution Control Revolving Fund;
authorizing the Department of Environmental Protection to
promulgate a legislative rule relating to environmental
laboratories' certification and standards of performance;
authorizing the Department of Environmental Protection to
promulgate a legislative rule relating to dam safety; authorizing
the Department of Environmental Protection to promulgate a
legislative rule relating to the assessment of civil administrative
penalties; and authorizing the Department of Environmental
Protection to promulgate a legislative rule relating to voluntary
remediation and redevelopment.
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. 266, Increasing tax credit for nonfamily
adoptions.
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 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. 425, Disclosing certain refinanced loan's
higher annual percentage rate.
And reports the same back with the recommendation that it 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. 436, Updating terminology relating to surface
mining reporting requirements.
And reports the same back with the recommendation that it 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. 650, Increasing penalties for certain
accessory after the fact crimes.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 650 (originating in the
Committee on the Judiciary)--A Bill to amend and reenact §61-11-6
of the Code of West Virginia, 1931, as amended, relating to
increasing the penalty for accessory after the fact to certain
crimes to a felony; establishing penalty; and creating exceptions.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
The Senate again 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 Snyder, Unger, Helmick, McCabe, Plymale and
Kessler:
Senate Bill No. 715--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §22-11-30, relating to the protection of the Chesapeake
Bay Watershed; and nutrient reductions projects.
Referred to the Committee on the Judiciary.
By Senator D. Facemire:
Senate Bill No. 716--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §17C-13A-1, §17C-13A-2, §17C-13A-3, §17C-13A-4, §17C-
13A-5, §17C-13A-6, §17C-13A-7, §17C-13A-8 and §17C-13A-9, all
relating to prohibiting diesel-powered motor vehicles from
excessive idling; defining terms; placing restrictions on idling;
providing exceptions to idling restrictions; establishing a
misdemeanor offense of excessive idling; providing criminal
penalties; and providing enforcement by the Department of
Environmental Protection.
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on the Judiciary.
By Senators D. Facemire, Minard, Bowman and Deem:
Senate Bill No. 717--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §16-2F-8a, relating to requiring facilities providing
abortions to obtain parental notification or consent in writing by
the parent or by a notarized parental notification or consent form;
and providing penalties.
Referred to the Committee on Health and Human Resources; then
to the Committee on the Judiciary; and then to the Committee on
Finance.
By Senator Snyder:
Senate Bill No. 718--A Bill to amend and reenact §29-22C-27 of
the Code of West Virginia, 1931, as amended, relating to allocating
to certain municipalities and counties an increased proportion of
the adjusted gross receipts from licensed racetracks with West
Virginia Lottery table games and a corresponding decrease in funds
transferred to the state when the voters of all the counties that
have licensed racetracks have approved that West Virginia Lottery
table games are permitted at those licensed racetracks.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Kessler, Williams, Unger, Laird and Deem:
Senate Bill No. 719--A Bill to amend and reenact §8-14-24 of
the Code of West Virginia, 1931, as amended, relating to allowing
a police officer meeting certain requirements to keep, without charge, his or her service weapon upon retirement.
Referred to the Committee on the Judiciary.
By Senators Browning and Deem:
Senate Bill No. 720--A Bill to amend and reenact §18-7A-3 of
the Code of West Virginia, 1931, as amended, relating to including
service as a member of a county board of education to be included
as credit for service for the State Teachers Retirement System.
Referred to the Committee on Education; then to the Committee
on Pensions; and then to the Committee on Finance.
By Senators Prezioso, Minard, Fanning, McCabe, Oliverio,
Plymale and Deem:
Senate Bill No. 721--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §11-22-2a, relating to allowing the imposition of a tax
up to $100 per $100,000 on the transfer of real estate within the
incorporated limits of any municipality with the sole purpose of
the revenue generated from the excise tax to be used to demolish
buildings that are condemned.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senators Kessler, Minard and Laird:
Senate Bill No. 722--A Bill to amend and reenact §44A-2-13 of
the Code of West Virginia, 1931, as amended; and to amend and
reenact §44A-3-11 of said code, all relating to clarifying the filing and review of the periodic accountings of conservators of
incapacitated protected persons.
Referred to the Committee on the Judiciary.
By Senators Oliverio, Fanning, Unger, Plymale, Stollings and
Kessler:
Senate Bill No. 723--A Bill to amend and reenact §18C-7-7 of
the Code of West Virginia, 1931, as amended; and to amend and
reenact §29-22-18a of said code, all relating to the PROMISE
Scholarship generally; increasing the limit on the amount of money
the Legislature can allocate from an annual increment of two
percent to four percent; and increasing funding from $27 million to
$29 million.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senators Helmick, McCabe, Plymale and Kessler:
Senate Bill No. 724--A Bill to amend and reenact §11-27-16 of
the Code of West Virginia, 1931, as amended, relating to the health
care provider tax; providing a definition of the term "physicians'
services"; and specifying legislative intent as to activities that
qualify as physicians' services.
Referred to the Committee on Health and Human Resources; and
then to the Committee on Finance.
By Senator Kessler:
Senate Bill No. 725--A Bill to amend and reenact §44-2-19 of the Code of West Virginia, 1931, as amended; and to amend and
reenact §44-3A-2 of said code, all relating to providing a standard
of review that the county commission may apply in reviewing the
findings or orders of a fiduciary supervisor or fiduciary
commissioner on probate matters.
Referred to the Committee on the Judiciary.
By Senators Wells, Browning, Caruth, Jenkins and Plymale:
Senate Bill No. 726--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §15-1F-11, relating to creating the West Virginia
Service Members Civil Relief Act.
Referred to the Committee on Military; and then to the
Committee on the Judiciary.
By Senators McCabe, Jenkins, Yost, K. Facemyer, Caruth, Unger,
Foster, Plymale and Stollings:
Senate Bill No. 727--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §11-13Z-1, §11-13Z-2, §11-13Z-3, §11-13Z-4, §11-13Z-5,
§11-13Z-6, §11-13Z-7, §11-13Z-8 and §11-13Z-9; and to amend said
code by adding thereto a new section, designated §11-24-9d, all
relating to taxation; providing a phased-in allowance of credits
against corporation net income tax and personal income tax for
payments in this state of ad valorem property tax on certain
industrial tangible personal property consisting of machinery and equipment; and allowing a transitional credit against the portion
of a taxpayer's corporation net income tax relating to the change
to combined reporting, with the amount of the credit being measured
by the taxpayer's payments in this state of ad valorem property tax
on certain industrial tangible personal property consisting of
machinery and equipment.
Referred to the Committee on Economic Development; and then to
the Committee on Finance.
By Senators McCabe, Browning, Green, Jenkins, Foster,
Stollings, Hall, Prezioso, Caruth, Minard and Plymale:
Senate Bill No. 728--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §11-13Z-1, §11-13Z-2, §11-13Z-3, §11-13Z-4, §11-13Z-5,
§11-13Z-6, §11-13Z-7, §11-13Z-8, §11-13Z-9, §11-13Z-10, §11-13Z-11,
§11-13Z-12, §11-13Z-13 and §11-13Z-14, all relating generally to
allowing tax incentives when computing business franchise and West
Virginia income tax liabilities, corporate or personal, as the case
may be, for profits attributed to the use of patents directly used
in a manufacturing process or product developed in this state or
for royalties generated from patents directly used in a
manufacturing process or product developed in this state; providing
short title, legislative findings and purpose; defining certain
terms; specifying terms, conditions and rules for taking of tax
credits; providing for forfeiture of unused credit after period of years; allowing Tax Commissioner to prescribe rules; requiring
periodic reports by Tax Commissioner on cost and effect of tax
incentives; providing rule of construction and for severability;
providing effective date; and specifying termination date.
Referred to the Committee on Economic Development; and then to
the Committee on Finance.
By Senators McCabe, Jenkins and Plymale:
Senate Bill No. 729--A Bill to amend and reenact §11-13-2o of
the Code of West Virginia, 1931, as amended; to amend said code by
adding thereto a new section, designated §11-13A-20b; to amend and
reenact §11-13V-4 of said code; to amend said code by adding
thereto a new section, designated §11-21-97; and to amend said code
by adding thereto two new sections, designated §31-15-6c and §31-
15-6d, all relating generally to 21st Century Economic Development
Fund; increasing the business and occupation tax paid by certain
generators of electricity and providing for the additional tax to
be deposited in 21st Century Economic Development Fund; providing
for certain collections of severance tax on privilege of producing
coal to be deposited in 21st Century Economic Development Fund;
providing for additional severance taxes imposed on privileges of
producing coal, natural gas and timber to be deposited in 21st
Century Economic Development Fund after Workers' Compensation Old
Fund liability is provided for; dedicating portion of personal
income tax collections to 21st Century Economic Development Fund; defining certain terms and providing effective dates for the
foregoing taxes; providing additional powers to West Virginia
Economic Development Authority and, as to such, defining certain
terms; establishing 21st Century Economic Development Fund; and
specifying purposes for which moneys in the fund may be used.
Referred to the Committee on Economic Development; and then to
the Committee on Finance.
By Senators Browning, Minard, Plymale and Stollings:
Senate Bill No. 730--A Bill to amend and reenact §31-15-2 and
§31-15-4 of the Code of West Virginia, 1931, as amended; and to
amend said code by adding thereto a new section, designated
§31-15-12b, all relating to the West Virginia Economic Development
Authority; legislative findings; definitions; and providing that,
in developing criteria for loans to a tourism project, the
authority shall not require that any specific number of jobs are or
will be created by the project, nor that any existing jobs or jobs
to be created by the project are to meet any specific compensation
levels, nor that any existing jobs or jobs be created by the
project provide any specific employee benefits.
Referred to the Committee on Economic Development; and then to
the Committee on Finance.
By Senators Prezioso, Minard and Plymale:
Senate Bill No. 731--A Bill to amend and reenact §16-1-4 of
the Code of West Virginia, 1931, as amended, relating to rule-making authority for the Secretary of the Department of Health and
Human Resources relative to state and local aid to local health
departments.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senator Sypolt:
Senate Bill No. 732--A Bill to amend and reenact §22A-2-66 of
the Code of West Virginia, 1931, as amended, relating to allowing
the Director of the Office of Miners' Health, Safety and Training
flexibility when determining the appropriate penalty to impose
against operators who fail to provide immediate notice upon the
occurrence of a mining accident.
Referred to the Committee on the Judiciary.
By Senator Jenkins:
Senate Bill No. 733--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §16-5W-1, §16-5W-2, §16-5W-3, §16-5W-4, §16-5W-5, §16-
5W-6 and §16-5W-7, all relating to the West Virginia Official
Prescription Program Act.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senator Sypolt (By Request):
Senate Bill No. 734--A Bill to amend and reenact §7-17-12 of
the Code of West Virginia, 1931, as amended, relating to allowing the county commission to impose a fire service fee at the request
of the local firefighters' association.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senator Kessler:
Senate Bill No. 735--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §41-3-6a, relating to the nonexoneration of the secured
debt of a decedent unless the will specifically provides for its
exoneration.
Referred to the Committee on Banking and Insurance; and then
to the Committee on the Judiciary.
By Senators Laird and White:
Senate Bill No. 736--A Bill to amend and reenact §18B-1-2 of
the Code of West Virginia, 1931, as amended; to amend and reenact
§18B-1B-6 of said code; to amend and reenact §18B-1C-2 of said
code; to amend said code by adding thereto a new section,
designated §18B-1C-3; to amend and reenact §18B-2A-1 of said code;
and to amend and reenact §18B-3C-8 of said code, all relating to
higher education generally; and integrating the operations of the
institution known as the Community and Technical College at West
Virginia University Institute of Technology into West Virginia
University Institute of Technology.
Referred to the Committee on Education; and then to the Committee on Finance.
By Senator Palumbo:
Senate Bill No. 737--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §39A-4-1, §39A-4-2, §39A-4-3, §39A-4-4, §39A-4-5, §39A-
4-6, §39A-4-7, §39A-4-8, §39A-4-9 and §39A-4-10, all relating to
real property; enacting the Uniform Real Property Electronic
Recording Act; providing for the recording of electronic real
property documents by county clerks; and validity of real property
documents with electronic signatures.
Referred to the Committee on Interstate Cooperation; and then
to the Committee on the Judiciary.
By Senators Plymale, Minard and Stollings:
Senate Bill No. 738--A Bill to amend and reenact §18-2-5f of
the Code of West Virginia, 1931, as amended, relating to requiring
higher education institutions to use the unique West Virginia
Educational Information System student identifier assigned through
the student's enrollment in any West Virginia public school.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senators Plymale and Minard:
Senate Bill No. 739--A Bill to amend and reenact §18-2E-4 of
the Code of West Virginia, 1931, as amended; to amend and reenact
§18-4-1, §18-4-2 and §18-4-4 of said code; and to amend and reenact §18-5-1a of said code, all relating to including the hours of
training county board members have acquired; interim term of county
superintendents; appointment of interim county superintendent in
cases of medical incapacitation; compensation; and county board
member training standards review committee.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senator Green:
Senate Bill No. 740--A Bill to amend and reenact §61-3C-14a of
the Code of West Virginia, 1931, as amended, relating to obscene,
anonymous, harassing and threatening communications by computer;
and penalty.
Referred to the Committee on the Judiciary.
By Senators Wells, Browning and Caruth:
Senate Bill No. 741--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §5A-11-9, relating to requiring the Public Land
Corporation to seek free gas rights from natural gas lessors on
public lands; and providing an annual report to the Legislature.
Referred to the Committee on Natural Resources; and then to
the Committee on the Judiciary.
By Senator Green:
Senate Bill No. 742--A Bill to amend and reenact §30-3-16 of
the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §30-3-16b, all relating
to greatly broadening the circumstances and types of prescriptions
a physician assistant may issue under the supervision of a licensed
physician.
Referred to the Committee on Health and Human Resources; and
then to the Committee on Government Organization.
By Senator Unger:
Senate Bill No. 743--A Bill to amend and reenact §18B-1B-2 of
the Code of West Virginia, 1931, as amended; to amend and reenact
§18B-2B-4 of said code; and to amend and reenact §18B-6-2 and
§18B-6-3 of said code, all relating to higher education policy;
adding two members to the Higher Education Policy Commission and
the West Virginia Council for Community and Technical College
Education; setting forth the members' responsibilities and length
of terms; providing that these members receive a load reduction of
at least three hours per semester from his or her institution;
establishing meeting requirements; and providing that chairpersons
of a faculty senate or faculty assembly shall also receive a load
reduction of three hours per semester.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senators Wells, Caruth, Browning and Williams:
Senate Bill No. 744--A Bill to amend and reenact §48-9-205 of
the Code of West Virginia, 1931, as amended, relating to requiring permanent parenting plans to contain a provision concerning a
possible deployment or call to duty if either parent is a member of
the National Guard or military reserve.
Referred to the Committee on Military; and then to the
Committee on the Judiciary.
By Senator Kessler:
Senate Bill No. 745--A Bill to amend and reenact §19-14-5 of
the Code of West Virginia, 1931, as amended, relating to providing
moneys from an additional commercial feed distributor fee assessed
to commercial feed distributors to fund a statewide spay and neuter
program; and creating the Spay Neuter Assistance Fund.
Referred to the Committee on Agriculture; and then to the
Committee on Finance.
By Senators Wells, Caruth, Browning and Williams:
Senate Bill No. 746--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §48-9-404, relating to domestic relations; custody of
children; and modifications of child custody orders.
Referred to the Committee on Military; and then to the
Committee on the Judiciary.
By Senators Chafin and Unger:
Senate Bill No. 747--A Bill to amend and reenact §16-30-3,
§16-30-4 and §16-30-5 of the Code of West Virginia, 1931, as
amended, all relating to medical powers of attorney; and limitations on actions.
Referred to the Committee on the Judiciary.
By Senator Kessler:
Senate Bill No. 748--A Bill to amend and reenact §11-15-9i of
the Code of West Virginia, 1931, as amended; and to amend and
reenact §11-15B-2 of said code, all relating to the definitions of
"health care provider" and "drug".
Referred to the Committee on Finance.
By Senators Kessler and Chafin:
Senate Bill No. 749--A Bill to amend and reenact §17C-5-7 of
the Code of West Virginia, 1931, as amended; and to amend and
reenact §17C-5A-1a, §17C-5A-2 and §17C-5A-2a of said code, all
relating generally to means of reviewing driver's license
revocation orders for driving a motor vehicle while under the
influence of alcohol, controlled substances or drugs.
Referred to the Committee on the Judiciary.
By Senators Kessler, Barnes, Caruth, Minard and Stollings:
Senate Bill No. 750--A Bill to amend and reenact §18-1-1 of
the Code of West Virginia, 1931, as amended; to amend and reenact
§18A-3-1 and §18A-3-1a of said code; to amend and reenact §18A-4-1,
§18A-4-4 and §18A-4-8 of said code; to amend and reenact §18B-1B-4
of said code; to amend and reenact §18B-2B-6 of said code; to amend
and reenact §18C-6-2 of said code; to amend and reenact §18C-7-3 of
said code; and to amend and reenact §30-32-17 of said code, all relating to clarification for graduates of accredited institutions
of higher education; and alleviating the shortage of certified
teachers in West Virginia.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senator Kessler:
Senate Bill No. 751--A Bill to amend and reenact §17C-5-7 of
the Code of West Virginia, 1931, as amended; to amend said code by
adding thereto a new section, designated §17C-5A-1b; and to amend
and reenact §17C-5A-2 of said code, all relating to creating the
office of administrative law judges within the Division of Motor
Vehicles; and outlining the powers of the administrative law
judges.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Chafin, Caruth and Fanning:
Senate Bill No. 752--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §17-3-11, relating to expenditure of funds from the 2009
economic stimulus plan for road repair and construction; and
requiring funds to be first spent for repair of the West Virginia
Turnpike before any other expenditures in the third congressional
district.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senator Caruth:
Senate Bill No. 753--A Bill to amend and reenact §8A-4-6 of
the Code of West Virginia, 1931, as amended, relating to
municipalities; effect of adopted subdivision and land development
ordinances; and providing that this chapter does not authorize an
ordinance, rule or regulation preventing the complete use of
natural resources by the owner outside of urban areas.
Referred to the Committee on Economic Development; and then to
the Committee on Government Organization.
By Senators McCabe and K. Facemyer:
Senate Bill No. 754--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 nineteen new sections, 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, §29-3E-18 and §29-3E-19, all relating
generally to revising, consolidating and codifying the laws
relating to fireworks; regulating purchase, possession, sale and
use of fireworks; providing for civil money penalties, criminal
penalties and remedies; prescribing powers and duties of certain
state agencies; and providing an effective date.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senators McCabe, Foster and Stollings:
Senate Bill No. 755--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §11-13Z-1, §11-13Z-2, §11-13Z-3, §11-13Z-4, §11-13Z-5,
§11-13Z-6, §11-13Z-7, §11-13Z-8, §11-13Z-9, §11-13Z-10, §11-13Z-11,
§11-13Z-12, §11-13Z-13, §11-13Z-14, §11-13Z-15, §11-13Z-16, §11-
13Z-17 and §11-13Z-18, all relating generally to the West Virginia
Twenty-First Century Tax Credit Act and as to such, 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.
Referred to the Committee on Economic Development; and then to
the Committee on Finance.
By Senators Wells, Caruth and Browning:
Senate Bill No. 756--A Bill to amend and reenact §15-1B-22 of
the Code of West Virginia, 1931, as amended, relating to military
facilities; security guards' qualifications; duties; and powers.
Referred to the Committee on Military; and then to the
Committee on Government Organization.
By Senators Plymale, Unger and Foster:
Senate Bill No. 757--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §18B-1D-9, relating to entry into a data state compact
among the Higher Education Policy Commission, Council for Community
and Technical College Education and State Board of Education;
authorizing disclosures of information among the parties; requiring
that personal privacy laws be obeyed and security measures and
procedures be developed; and setting forth requirements for data
sharing arrangements with research organizations.
Referred to the Committee on Education; and then to the
Committee on the Judiciary.
By Senators Wells, McCabe, Jenkins, Oliverio, Foster and
Stollings:
Senate Bill No. 758--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §18-33-1, §18-33-2, §18-33-3, §18-33-4, §18-33-5, §18-
33-6, §18-33-7, §18-33-8, §18-33-9, §18-33-10, §18-33-11, §18-33-12, §18-33-13 and §18-33-14, all relating to public charter
schools; definitions; applicable regulatory and statutory
requirements; exemptions from state laws and rules; creating of
public charter school or conversion of public school to public
charter school; application process; approval and denial of
application; charter status term; terminating of public charter
school; public charter school requirements; funding; enrollment;
student transportation; conditional approval; information on
charter schools; leaves of absence for teachers; employment of
school personnel; and benefits.
Referred to the Committee on Education; and then to the
Committee on Finance.
On motion of Senator Chafin, leaves of absence for the day
were granted Senators Caruth, K. Facemyer and Guills.
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Chafin, the Senate adjourned until
tomorrow, Tuesday, March 24, 2009, at 11 a.m.
____________
Webmaster | © 2024 West Virginia Legislature **
