sdj-41st day
WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-NINTH LEGISLATURE
REGULAR SESSION, 2010
FORTY-FIRST DAY
____________
Charleston, W. Va., Monday, February 22, 2010
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by the Reverend Dr. David Lemming, Senior
Pastor, Lewis Memorial Baptist Church, Huntington, West Virginia.
Pending the reading of the Journal of Friday, February 19,
2010,
On motion of Senator Stollings, the Journal was approved and
the further reading thereof dispensed with.
The Senate proceeded to the second order of business and the
introduction of guests.
The Senate then proceeded to the third order of business.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect from passage, and
requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 2050--A Bill to amend and
reenact sections 1, 2, 3, 4, 5 and 6 chapter 232, Acts of the
Legislature, regular session, 1997, all relating to the West Virginia Route 2 and Interstate 68 Authority; adding Cabell, Mason
and Jackson counties to the authority; increasing the number of
members; and requesting the Governor and the Secretary of
Transportation to seek federal funding.
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. Com. Sub. for House Bill No. 4212--A Bill to amend and
reenact §24-3-3b of the Code of West Virginia, 1931, as amended,
relating to railroad safety; and requiring the Public Service
Commission to undertake additional rulemaking pertaining the safety
requirements for railway walkways.
Referred to the Committee on Transportation and
Infrastructure; 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. House Bill No. 4277--A Bill to amend and reenact §22-6-1
and §22-6-7 of the Code of West Virginia, 1931, as amended; and to
amend and reenact §22-11-3 and §22-11-8 of said code, all relating
to authorizing the Secretary of the Department of Environmental
Protection to issue National Pollutant Discharge Elimination System
permits; defining terms; and correcting antiquated language.
Referred to the Committee on Energy, Industry and Mining; 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. 4354--A Bill to amend and
reenact §48-27-1002 of the Code of West Virginia, 1931, as amended,
relating to conditions and arrests in domestic violence matters;
including certain injunctive relief and protective orders the
violation of which allow law-enforcement officers to seize weapons
in possession of domestic violence respondents.
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. 4361--A Bill to repeal §48-27-803 of the
Code of West Virginia, 1931, as amended; and to amend and reenact
§48-27-206 of said code, all relating generally to the prevention
and treatment of domestic violence; removing provisions prohibiting
the sharing of information with other governments and law-
enforcement agencies; and broadening the definition of "law-
enforcement agency" for the purpose of sharing information with the
federal government and its agencies.
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. 4416--A Bill finding and declaring certain
claims against the state and its agencies to be moral obligations
of the state, and directing the Auditor to issue warrants for the
payment thereof.
Referred to the Committee on Finance.
A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption of
House Concurrent Resolution No. 12--Requesting the Division of
Highways to name the bridge on Murphy's Creek on Lewis County Route
24, 0.08 mile south of the junction of Route 19 and crossing the
West Fork River, bridge number 21-24-5.03, currently named the
Kitsonville W. Beam Bridge, as the "Private Archie A. 'Whack'
Jordan Memorial Bridge".
Referred to the Committee on Transportation and
Infrastructure.
A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption of
House Concurrent Resolution No. 18--Requesting the bridge on
Homewood Avenue in Fairmont, specifically bridge number 25-31/9-0.05, be named the "Sgt. Richard W. Griffith Memorial Bridge".
Referred to the Committee on Transportation and
Infrastructure.
A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption of
House Concurrent Resolution No. 45--Requesting the Division of
Highways to name bridge number 42-250-14.30 on U.S. Route 250 over
the Tygart River in Huttonsville, Randolph County, West Virginia
the "Robert L. McAtee, Sr. Memorial Bridge".
Referred to the Committee on Transportation and
Infrastructure.
A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption of
House Concurrent Resolution No. 50--Requesting the Joint
Committee on Government and Finance study the burden of taxes and
fees imposed by the State of West Virginia upon the coal industry.
Referred to the Committee on Finance; and then to the
Committee on Rules.
A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption of
House Concurrent Resolution No. 53--Requesting the bridge in Mannington, West Virginia on old Route 250, specifically bridge
number 25-250/81-1.21, be named the "Fletcher Brothers Memorial
Bridge".
Referred to the Committee on Transportation and
Infrastructure.
A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption of
House Concurrent Resolution No. 54--Requesting that a portion
of U.S. 19 from its intersection with U.S. 460 North to the city
limits of Princeton from mile marker 10.70 to mile marker 12.36 in
Mercer County, West Virginia be named the "William H. Sanders II
Memorial Highway".
Referred to the Committee on Transportation and
Infrastructure.
The Senate proceeded to the fourth order of business.
Senator Wells, from the Committee on Military, submitted the
following report, which was received:
Your Committee on Military has had under consideration
Senate Bill No. 1, Redesignating Division of Veterans' Affairs
Department of Veterans' Assistance.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 1 (originating in the Committee on Military)--A Bill
to amend and reenact §4-10-8 of the Code of
West Virginia, 1931, as amended; to amend and reenact §5F-1-2 of
said code; to amend and reenact §5F-2-1 of said code; to amend and
reenact §6-7-2a of said code; and to amend and reenact §9A-1-1,
§9A-1-2 and §9A-1-4 of said code, all relating to redesignating the
Division of Veterans' Affairs the Department of Veterans'
Assistance; providing that the department be supervised by a
secretary-level administrator; establishing the salary of the
secretary; providing an effective date; and making other changes to
the code to effect the change.
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,
Erik P. Wells,
Chair.
The bill (Com. Sub. for S. B. No. 1), 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. 225, Creating Spay Neuter Assistance Fund.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 225 (originating in the
Committee on the Judiciary)--A Bill
to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §19-10-1, §19-10-2, §19-10-3, §19-10-4 and §19-10-5; and
to amend and reenact §19-14-5 of said code, all relating to
creating and funding the Spay Neuter Assistance Fund; requiring
book-keeping standards and annual reporting; and updating certain
commercial and pet feed registration and late fees.
With the recommendation that the committee substitute do pass;
but under the original double committee reference first be referred
to the Committee on Finance.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
The bill (Com. Sub. for S. B. No. 225), 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. 435, Expanding speed-detecting device use law
to all municipalities.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 435 (originating in the
Committee on the Judiciary)--A Bill
to amend and reenact §17C-6-7
of the Code of West Virginia, 1931, as amended, relating to speed
restrictions; prima facie evidence of speed by certain devices;
changing Department of Public Safety to State Police in this
section of said code; applying this section to all municipalities
of the state; requiring law-enforcement officers to receive
training on speed-measuring devices in order for evidence of speed
to be considered prima facie; requiring the Governor's Committee on
Crime, Delinquency and Correction establish a training program and
certification standards by January 1, 2012; and requiring law-
enforcement officers complete a certified training course in speed
detection prior to January 1, 2013.
With the recommendation that the committee substitute do pass;
but under the original double committee reference first be referred
to the Committee on Finance.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Helmick, as chair of the Committee
on Finance, unanimous consent was granted to dispense with the
second committee reference of the bill contained in the foregoing
report from the Committee on the Judiciary.
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:
The Senate proceeded to the sixth order of business.
On motions for leave, severally made, the following bills and
joint resolutions were introduced, read by their titles, and
referred to the appropriate committees:
By Senators Plymale, Wells and Browning:
Senate Bill No. 631--A Bill to amend and reenact §18-2A-1,
§18-2A-2, §18-2A-3, §18-2A-4, §18-2A-5, §18-2A-6, §18-2A-7, §18-2A-
8 and §18-2A-9 of the Code of West Virginia, 1931, as amended, all
relating generally to updating terms; process for approval and
adoption of instructional resources in public schools; replacing
the terms "textbooks", "instructional materials" and "learning
technologies" with "instructional resources" and modifying affected
code provisions accordingly; providing approval for adoption cycles
and listing of instructional resources on the state multiple list;
requiring a method for review and adding new and substantially
revised resources to the multiple list; providing for county
waivers of adoption cycles; providing method for counties to select
new or different resource before end of a contract period;
providing a method for vendor update of resources; revising the
bidding, selection and approval process; permitting the multiple list to be published in an electronic format; requiring contracts
to be filed pursuant to the state board process; providing for
review of electronic instructional resources; providing for
regional education service agency level selection teams; and
ensuring equity of access to electronic instructional resources for
all students.
Referred to the Committee on Education.
By Senators Chafin, Browning, Oliverio, Green and Stollings:
Senate Bill No. 632--A Bill to amend and reenact §11-13A-6 of
the Code of West Virginia, 1931, as amended, relating to dedicating
a portion of revenue generated from severance taxes for the benefit
of counties and municipalities; creating fund; and providing
permissible uses for fund.
Referred to the Committee on Finance.
By Senators Fanning and Chafin:
Senate Bill No. 633--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §7-6-2a; to amend and reenact §8-13-22a of said code; to
amend and reenact §12-1-4 of said code; and to amend and reenact
§18-9-6 of said code, all relating to enabling counties,
municipalities, the state and county boards of education to deposit
public funds into deposit accounts that are swept periodically into
multiple federally insured deposit accounts through a deposit
placement program without providing a bond.
Referred to the Committee on Banking and Insurance; and then
to the Committee on Finance.
By Senator Kessler:
Senate Bill No. 634--A Bill to amend and reenact §3-8-9 of the
Code of West Virginia, 1931, as amended, relating to political
action committees receiving contributions from a separate
segregated fund of a membership organization; and establishing
limits.
Referred to the Committee on the Judiciary.
By Senator Prezioso:
Senate Bill No. 635--A Bill to amend and reenact §29-3-5 and
§29-3-5b of the Code of West Virginia, 1931, as amended, all
relating to requiring approval of certain county and municipal fire
ordinances and regulations by the West Virginia State Fire
Commission.
Referred to the Committee on Government Organization.
By Senators Prezioso, Jenkins and Foster:
Senate Bill No. 636--A Bill to amend and reenact §49-7-34 of
the Code of West Virginia, 1931, as amended, relating to
reconstituting the Commission to Study Residential Placement of
Children.
Referred to the Committee on Health and Human Resources; and
then to the Committee on Government Organization.
By Senators Sypolt, McCabe and Williams:
Senate Bill No. 637--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §18-5-9c, relating to allowing a county board of
education to enter into a lease-purchase agreement for land,
buildings and equipment.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senators Kessler and Chafin:
Senate Bill No. 638--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 of West Virginia.
Referred to the Committee on the Judiciary.
By Senators Deem, Boley and Wells:
Senate Bill No. 639--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §16-41A-1, §16-41A-2, §16-41A-3, §16-41A-4, §16-41A-5,
§16-41A-6, §16-41A-7, §16-41A-8 and §16-41A-9, all relating to
establishing the Oral Health Pilot Program in the Mid-Ohio Valley
Region; making legislative findings; creating the pilot program for
two years; funding the program in the amount of $100,000 per year;
setting forth the services to be provided; setting forth the fees
to be paid to participating dentists; setting forth a sliding scale
for the fees to be paid by clients; requiring reports be filed to the Governor and the Legislature; and defining terms.
Referred to the Committee on Health and Human Resources; and
then to the Committee on Finance.
By Senators Edgell, Minard, Bowman and Chafin:
Senate Bill No. 640--A Bill to amend and reenact §11-24-11b of
the Code of West Virginia, 1931, as amended, relating to the
corporation net income tax; credit for utility taxpayers with net
operating loss carryovers; and providing a different procedure for
determining the credit.
Referred to the Committee on Finance.
By Senators Kessler, Yost, White and Foster:
Senate Bill No. 641--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §11-28-1, §11-28-2 and §11-28-3, all relating to
taxation of certain transfers, leases, sales or other disposition
of the whole or any part of the franchises, licenses, permits,
plants, equipment, business or other property of any public
utility, or any merger or consolidation thereof, and every
contract, purchase of stocks, arrangement, transfer or acquisition
of control or other transaction covered by §24-2-12 of the Code of
West Virginia.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Jenkins and Foster:
Senate Bill No. 642--A Bill to amend and reenact §16-50-2,
§16-50-3 and §16-50-4 of the Code of West Virginia, 1931, as
amended, all relating to permitting unlicensed personnel to
administer medications in certain circumstances; defining terms;
and exemptions from licensure.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senators Kessler and Edgell:
Senate Bill No. 643--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §17C-17C-1, §17C-17C-2, §17C-17C-3, §17C-17C-4, §17C-
17C-5 and §17C-17C-6, all relating to creation of the temporary
natural gas resources transportation road system; providing
legislative findings; creating regulatory program; defining certain
terms; requiring Division of Highways to establish vehicle weight
and size limits for public highways, including natural gas resource
transportation roads; providing for temporary designation of
natural gas resource transportation roads; requiring certification
of natural gas permitting areas by the Department of Environmental
Protection to Division of Highways; requiring exchange of certain
information between agencies; requiring certain road signs;
providing for toll-free telephone line for public reporting of poor
driving or violations; authorizing the Public Service Commission to
administer the special permit program and to enforce this article; authorizing Public Service Commission to inspect certain trucking
records; requiring study and report on commercial vehicle safety-
related issues; authorizing emergency and legislative rules to
effectuate purposes of the article; authorizing the Public Service
Commission to issue permits and establish training and other
requirements; authorizing Division of Highways to issue permits and
establishing certain requirements; requiring all natural gas well
owners to obtain permit; providing that natural gas well owners are
responsible for contractors; providing that all natural gas well
owners in an area are responsible for the cost of road maintenance
and repair; providing for suspension, revocation and modification
of permits; providing for cease and desist orders in the interest
of public safety; requiring accident reporting; and creating
penalties for failing to report accidents.
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on the Judiciary.
By Senators Minard and Williams:
Senate Bill No. 644--A Bill to amend and reenact §29-12A-16 of
the Code of West Virginia, 1931, as amended, relating to
authorizing political subdivisions to establish risk pools to
insure their workers' compensation risks; permitting Insurance
Commissioner to disapprove such risk pools if rules have not been
made effective; and authorizing the Insurance Commissioner to
promulgate emergency rules.
Referred to the Committee on Banking and Insurance; and then
to the Committee on Finance.
By Senators Kessler, Foster, Jenkins, Browning and McCabe:
Senate Bill No. 645--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §51-1B-1, §51-1B-2, §51-1B-3, §51-1B-4, §51-1B-5, §51-
1B-6, §51-1B-7, §51-1B-8, §51-1B-9, §51-1B-10, §51-1B-11, §51-1B-
12, §51-1B-13 and §51-1B-14, all relating to authorizing a new
court to be known as the Intermediate Court of Appeals; and
delineating the structure and duties thereof.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Kessler and Stollings:
Senate Bill No. 646--A Bill to amend and reenact §61-11-21 of
the Code of West Virginia, 1931, as amended, relating to providing
that criminal sentences of imprisonment may run concurrently or
consecutively; and providing that sentences are to run concurrently
unless a court orders or a statute requires otherwise.
Referred to the Committee on the Judiciary.
By Senator Kessler:
Senate Bill No. 647--A Bill to amend and reenact §14-2A-4 of
the Code of West Virginia, 1931, as amended, allowing the services
of the Attorney General to the Crime Victims Compensation Fund to
be recompensed, if funds are available, at the same rate as panel attorneys are paid for representing criminal defendants.
Referred to the Committee on Finance.
By Senators Plymale, Wells, Oliverio and Stollings:
Senate Bill No. 648--A Bill to repeal §18-2F-1, §18-2F-2, §18-
2F-3, §18-2F-4, §18-2F-5, §18-2F-6, §18-2F-7, §18-2F-8 and §18-2F-9
of the Code of West Virginia, 1931, as amended; to repeal §18-7A-5,
§18-7A-6, §18-7A-7, §18-7A-8, §18-7A-9 and §18-7A-10 of said code;
to repeal §18B-7-10 of said code; and to repeal §18B-8-3a of said
code, all relating to repealing outdated and obsolete sections of
the education code.
Referred to the Committee on Education.
By Senator Foster:
Senate Bill No. 649--A Bill to amend of the Code of West
Virginia, 1931, as amended, by adding thereto two new sections,
designated §62-1A-10 and §62-1A-11, all relating to searches of
motor vehicles by law-enforcement officers; establishing criteria;
and requiring rules.
Referred to the Committee on the Judiciary.
By Senators Kessler and Wells:
Senate Bill No. 650--A Bill to amend and reenact §9-2-6a of
the Code of West Virginia, 1931, as amended, relating to developing
caseload standards for the Department of Health and Human Resources
program areas; requiring the proposal of rules for legislative
approval by the secretary on or before June 30, 2010; providing for periodic review of caseload standards; requiring caseload standards
committees to comply with open meeting laws; clarifying that
employee representatives may serve an advisory role to a caseload
standards committee; establishing maximum staffing caseloads;
providing that caseload standards be adopted using recognized
standards for each program area; providing that caseload standards
may be used to justify an increase in human resource budgets for
program areas; and making stylistic corrections.
Referred to the Committee on Health and Human Resources.
By Senator Kessler:
Senate Bill No. 651--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §5A-3-37b, relating to preference for certain current
license or permit holders.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senator Kessler:
Senate Bill No. 652--A Bill to amend and reenact §23-4-1f of
the Code of West Virginia, 1931, as amended, relating to allowing
workers' compensation for certain mental illnesses related to being
a crime victim.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Kessler and Stollings:
Senate Bill No. 653--A Bill to amend and reenact §61-11-18 of
the Code of West Virginia, 1931, as amended, relating to making
habitual offender sentences discretionary with the sentencing
court.
Referred to the Committee on the Judiciary.
By Senators Oliverio, Jenkins, Wells, Browning, Williams,
Green and Stollings:
Senate Bill No. 654--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §11-21-43a, relating to authorizing a tax credit for
teachers for out-of-pocket school supplies not to exceed $200.
Referred to the Committee on Finance.
By Senators White and Kessler:
Senate Bill No. 655--A Bill to amend and reenact §22-11-8 of
the Code of West Virginia, 1931, as amended, relating to the Water
Pollution Control Act; and prohibiting new permits and
modifications and renewals of existing permits for underground
injection of coal slurry.
Referred to the Committee on Energy, Industry and Mining.
By Senators McCabe, Hall, Kessler, Deem, Jenkins, Green,
Stollings and Boley:
Senate Bill No. 656--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §24-2-1j, relating to special rates for energy-intensive industrial consumers of electric power; setting forth legislative
findings on energy-intensive industrial consumers of electric
power; defining certain terms; enabling the Public Service
Commission to establish special rates for energy-intensive
industrial consumers of electric power; setting forth factors that
the Public Service Commission may take into consideration in
establishing special rates for energy-intensive industrial
consumers of electric power, in addition to factors that may
already be considered by the Public Service Commission in its rate-
setting process; authorizing the Public Service Commission to adopt
mechanisms reasonably designed to assure appropriate flexibility
and predictability of special rates; establishing procedures for
application to the Public Service Commission for a special rate;
setting forth data and information to be included in an application
for a special rate; and establishing qualifications for eligibility
for a special rate.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Prezioso, Jenkins, Wells, Kessler, Oliverio,
Foster and Stollings:
Senate Bill No. 657--A Bill to repeal §18-10K-1, §18-10K-2,
§18-10K-3, §18-10K-4, §18-10K-5 and §18-10K-6 of the Code of West
Virginia, 1931, as amended; to amend and reenact §7-14E-2 of said
code; to amend said code by adding thereto a new article, designated §16-43-1, §16-43-2 and §16-43-3; to amend and reenact
§50-3-2b of said code; and to amend and reenact §59-1-11a of said
code, all relating to the creation of programs for the treatment of
traumatic brain injury; creating a special revenue fund; assessing
fees for specified activities; directing those fees to the fund;
authorizing the state Medicaid agency to apply for a home- and
community-based waiver to serve eligible individuals; and
authorizing the Bureau of Behavioral Health and Health Facilities
to create and administer a state program for eligible individuals.
Referred to the Committee on Health and Human Resources; and
then to the Committee on Finance.
By Senator White:
Senate Bill No. 658--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §22-11-7C, relating to establishing requirements for
Marcellus gas well operations' use of water resources; and
directing the Department of Environmental Protection to promulgate
legislative rules relating to the use of water resources for
Marcellus shale gas production.
Referred to the Committee on Natural Resources; and then to
the Committee on Energy, Industry and Mining.
By Senators Deem, Wells, Oliverio and Stollings:
Senate Bill No. 659--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section, designated §18B-10-1d; and to amend and reenact §18C-1-4 of said
code, all relating to permitting children of certain military
personnel who intend to establish residency in West Virginia to
qualify for resident tuition rates and state-funded student
financial aid, grants and scholarships; and establishing other
eligibility criteria.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senators Palumbo, Foster, Wells, McCabe, Jenkins, Kessler
and Stollings:
Senate Bill No. 660--A Bill to amend and reenact §46A-6J-3 and
§46A-6J-6 of the Code of West Virginia, 1931, as amended, all
relating generally to protection from consumer price gouging as a
result of a declaration of a state of emergency; clarifying that
commodity market trends may impact an increase in price during a
state of emergency; and clarifying the preemption provisions.
Referred to the Committee on the Judiciary.
By Senators McCabe, Browning, Wells, Oliverio, Williams,
Foster and Stollings:
Senate Bill No. 661--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article
designated §5B-8-1, §5B-8-2, §5B-8-3 and §5B-8-4, all relating to
providing funds for TechConnectWV that will enable it to begin the
process of technology-based economic development in West Virginia; providing benchmarks in order to qualify for future funding; and
providing for reporting to the Governor and the Joint Committee on
Government and Finance by TechConnectWV in order to determine
whether such benchmarks have been reached.
Referred to the Committee on Economic Development; and then to
the Committee on Finance.
By Senators McCabe, Browning, Green, Wells, Williams and
Stollings:
Senate Bill No. 662--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §5B-4-1, §5B-4-2, §5B-4-3 and §5B-4-4, all relating to
providing funds for the Tamarack Foundation that will allow it to
sustain itself as a private entity; providing benchmarks in order
to qualify for future funding; and requiring reporting to the
Governor and the Joint Committee on Government and Finance by
Tamarack Foundation in order to determine whether the purposes of
the bill are being achieved.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senators Foster and Wells:
Senate Bill No. 663--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §5-1E-6, relating to the Healthy West Virginia Program;
initiating the Healthy Lifestyles Restaurant Calorie Posting Program; and providing for legislative rule-making authority.
Referred to the Committee on Health and Human Resources; and
then to the Committee on Finance.
By Senator Palumbo:
Senate Bill No. 664--A Bill to amend and reenact §44A-3-1 and
§44A-3-2 of the Code of West Virginia, 1931, as amended, all
relating to the duties and reports of the guardian; requiring the
guardian to act as a fiduciary in the best interests of the
protected person; requiring the guardian to address social
activities of protected person; permitting petition of interested
party; permitting court or Mental Hygiene Commissioner to order
guardian to take appropriate actions; and requiring guardian to
report on social activities of protected person.
Referred to the Committee on the Judiciary.
By Senator Prezioso:
Senate Bill No. 665--A Bill to amend and reenact §33-15B-1,
§33-15B-2, §33-15B-3, §33-15B-4, §33-15B-5 and §33-15B-6 of the
Code of West Virginia, 1931, as amended, all relating to health
care forms and data; explaining legislative purposes; defining
scope of article; transferring certain duties regarding uniform
forms from the Health Care Authority to the Insurance Commissioner;
defining "health insurer"; authorizing the Insurance Commissioner
to develop an all-payer database; authorizing Insurance
Commissioner to propose emergency rules; mandating collaboration between the Insurance Commissioner and Secretary of Health and
Human Resources to manage health care data; prescribing penalties;
and renaming the article.
Referred to the Committee on Health and Human Resources; and
then to the Committee on Finance.
By Senator Minard:
Senate Bill No. 666--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §33-2-21a, relating to workers' compensation programs of
state agencies; defining "state agency"; designating Insurance
Commissioner to manage workers' compensation risks of state
agencies; authorizing commissioner to assess fees; creating fund in
State Treasury; authorizing investment with the Investment
Management Board; and authorizing Insurance Commissioner to propose
rules, including emergency rules.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senator Sypolt:
Senate Bill No. 667--A Bill to amend and reenact §29-22B-1101
of the Code of West Virginia, 1931, as amended, relating to
reducing the total number of video lottery terminals which may be
placed in restricted access adult-only facilities in this state.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senator Sypolt:
Senate Bill No. 668--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §37-16-1, §37-16-2, §37-16-3, §37-16-4, §37-16-5 and
§37-16-6, all relating to providing guidelines for an appropriate
relationship between oil and gas extractors and the owners of
surface rights and mineral interests.
Referred to the Committee on Natural Resources; and then to
the Committee on Energy, Industry and Mining.
By Senators Kessler, Foster, Prezioso and Plymale:
Senate Bill No. 669--A Bill to amend and reenact §49-5-13d of
the Code of West Virginia, 1931, as amended, relating to allowing
municipalities to operate teen courts.
Referred to the Committee on the Judiciary.
By Senator Foster:
Senate Bill No. 670--A Bill to amend and reenact §5A-3-37 of
the Code of West Virginia, 1931, as amended, relating to requiring
political subdivisions of the state and county boards of education
to give preference to resident vendors and vendors employing state
residents.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senator Prezioso:
Senate Bill No. 671--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section,
designated §55-7-23a, relating to products' reliability claims that
are based upon prescription drug manufacturer's alleged failure to
warn.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senator Prezioso:
Senate Bill No. 672--A Bill to repeal §16-29B-19, §16-29B-20,
§16-29B-21 and §16-29B-21a of the Code of West Virginia, 1931, as
amended; to amend and reenact §5-16-6 of said code; to amend and
reenact §5F-1-3a of said code; to amend and reenact §6-7-2a of said
code; to amend and reenact §9-4C-7 of said code; to amend and
reenact §11-27-9 and §11-27-11 of said code; to amend and reenact
§16-2D-2 and §16-2D-5 of said code; to amend and reenact §16-5F-2,
§16-5F-3, §16-5F-4, §16-5F-5 and §16-5F-6 of said code; to amend
and reenact §16-29B-3, §16-29B-5, §16-29B-6, §16-29B-7, §16-29B-8,
§16-29B-9, §16-29B-10, §16-29B-11, §16-29B-12, §16-29B-13, §16-29B-
14, §16-29B-15, §16-29B-17, §16-29B-18, §16-29B-19a, §16-29B-23,
§16-29B-24, §16-29B-25, §16-29B-26 and §16-29B-28 of said code; to
amend said code by adding thereto a new section, designated §16-
29B-5a; to amend and reenact §16-29G-2, §16-29G-4, §16-29G-5 and
§16-29G-6 of said code; to amend and reenact §16-29I-4 of said
code; and to amend and reenact §33-15B-3 of said code, all relating
generally to the Health Care Authority; repealing sections relating generally to the Health Care Authority's authority to set hospital
rates and determine rate schedules; employment of the members of
the board of the West Virginia Health Care Authority; setting
salaries for board members; creating the position of Executive
Director of the Health Care Authority; making the executive
director the administrative head of the Health Care Authority;
setting forth the qualifications of the executive director; adding
the executive director to the Public Employees Insurance Agency
Advisory Board; clarifying where the administrative duties of the
Health Care Authority are to be carried out; clarifying that the
Board of Directors of the Health Care Authority is the adjudicatory
arm of the Health Care Authority; requiring that the members of the
board of directors be employed on a part-time basis; setting forth
other employment requirements for the board of directors; expanding
the board of directors from three to five members; setting forth
qualifications for appointment to the board of directors; providing
that the board of directors shall report to the executive director;
establishing compensation for the board of directors; setting forth
minimum hearing requirements before the board of directors;
providing for recommended decisions by the board of directors to
the executive director; setting forth executive director procedure
for review and approval of recommended decisions of the board of
directors; providing for remand of a decision; clarifying that the
executive director has all rule-setting powers; providing for a study by the Health Care Authority of concerns of hospitals in
border counties; requiring a comprehensive study of the certificate
of need program, including possible elimination of certificate of
need; eliminating rate review from the authority of the Health Care
Authority; making technical corrections; and updating code
references.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senators Laird, Oliverio, Jenkins, Kessler and Yost:
Senate Bill No. 673--A Bill to amend and reenact §7-7-4 of the
Code of West Virginia, 1931, as amended; and to amend and reenact
§11A-1-17 of said code, all relating to raising sheriffs' salaries;
and eliminating commissions based on collection of taxes.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senators Kessler, Jenkins and Stollings:
Senate Bill No. 674--A Bill to amend and reenact §23-4-1 of
the Code of West Virginia, 1931, as amended, relating to workers'
compensation; creating a rebuttable presumption that development of
certain cancers by professional firefighters arose out of the
course of employment; and requiring the Insurance Commissioner to
study the effects of the rebuttable presumption.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Kessler, Wells and Stollings:
Senate Bill No. 675--A Bill to amend and reenact §21-1C-2 of
the Code of West Virginia, 1931, as amended, relating to requiring
local labor for public construction projects by reducing the dollar
amount of the applicable construction project to $500,000 and
reducing the amount of miles for the local labor market to fifty
miles.
Referred to the Committee on Labor; and then to the Committee
on Finance.
By Senators Laird and Sypolt:
Senate Bill No. 676--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §37-12-3, relating to exempting licensed surveyors from
liability for defamation or slander of title when performing their
professional duties; and providing an exception.
Referred to the Committee on the Judiciary.
By Senators Wells, Plymale, Browning, Kessler and Foster:
Senate Bill No. 677--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §18-5-45a, relating to school calendars; requiring each
county board of education to create a county school calendar
committee; requiring the committee to develop multiple school
calendar options for presentation to all employees for vote;
requiring the generation of new calendar options if the county board or state board rejects the selected calendar; and requiring
the process to continue until a school calendar is approved by the
county board and state board.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senators Laird, Williams, Unger, Bowman, Jenkins, Kessler,
Foster, Plymale and Stollings:
Senate Bill No. 678--A Bill to amend and reenact §27-5-1, §27-
5-2 and §27-5-3 of the Code of West Virginia, 1931, as amended, all
relating to mentally ill persons; involuntary hospitalization;
duties of sheriff; including the President of the West Virginia
Sheriffs' Association in the development and proposal of a
statewide system for evaluation and adjudication of mental hygiene
petitions; and providing that the Department of Health and Human
Resources shall reimburse the county commission for deposit into
the sheriff's budget for expenses incurred in hearings conducted
under the article.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senator Unger:
Senate Bill No. 679--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section;
designated §21A-5-21, relating to unemployment compensation
coverage, and requiring nonprofit organizations to disclose to employees on the date of hire whether the employment is subject to
unemployment compensation coverage.
Referred to the Committee on the Judiciary.
By Senators Oliverio, Plymale and Stollings:
Senate Bill No. 680--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §18-2-25a, relating to requiring the proposal and
adoption of rules for the management of concussion and head injury
in youth sports.
Referred to the Committee on Health and Human Resources.
By Senator Plymale:
Senate Bill No. 681--A Bill to amend and reenact §18A-2-12 of
the Code of West Virginia, 1931, as amended, relating to requiring
that evaluations of certain professional personnel be on an annual
basis.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senator Sypolt:
Senate Bill No. 682--A Bill to amend and reenact §22-6-12 and
§22-6-14 of the Code of West Virginia, 1931, as amended, all
relating to surveyors and registered professional engineers; and
plat preparation for drilling or fracturing wells or introducing
liquids or wastes into wells.
Referred to the Committee on Energy, Industry and Mining; and then to the Committee on Government Organization.
By Senator Plymale:
Senate Bill No. 683--A Bill to amend and reenact §18A-3-1a of
the Code of West Virginia, 1931, as amended, relating to
alternative certification for principal; directing the state board
to propose a legislative rule; and outlining the minimum
requirements for the program.
Referred to the Committee on Education.
By Senator Plymale:
Senate Bill No. 684--A Bill to amend and reenact §18-2E-5 of
the Code of West Virginia, 1931, as amended, relating to low-
performing school accreditation status and consequent steps for
improvement; adding certain student assessment results as
circumstance for giving low-performing status; providing for state
department system of support team to make recommendations for
improvement; and requiring process for making improvement by a date
certain.
Referred to the Committee on Education.
By Senators Kessler, Minard, Foster, Edgell, D. Facemire and
Oliverio:
Senate Bill No. 685--A Bill to amend and reenact §3-1-2 of the
Code of West Virginia, 1931, as amended; to amend and reenact §3-4-
18 and §3-4-19 of said code; and to amend and reenact §3-4A-9 and
§3-4A-20 of said code, all relating to elections; general provisions and definitions; bringing older contradicting language
still remaining in said code into conformity with the provisions of
§3-2-5(b)(3) of said code; and reestablishing a definition for
"independent voter" as the presently cited definition is no longer
in said code.
Referred to the Committee on the Judiciary.
By Senators Wells, Plymale, Browning, Sypolt, Edgell,
Oliverio, Foster, Helmick, Fanning, K. Facemyer, Boley, Palumbo,
McCabe, Jenkins and Kessler:
Senate Bill No. 686--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, §18-33-14, §18-33-15 and §18-33-16, all relating to
public charter schools; setting forth legislative purpose and
intent; defining terms; declaring public charter schools to be a
part of the state program of public education; setting forth which
regulatory and statutory requirements are and are not applicable to
public charter schools; allowing rule waiver applications and
requests to change school laws; allowing the creation of a new
public charter school or the conversion of a public school to a
public charter school under certain conditions; setting forth the
application process; establishing conditions for the approval or
denial of the application by the county board of education; making the charter status term dependent on whether the approval is
initial or subsequent; allowing the revocation of a public school's
charter status by the county board of education if the board makes
certain determinations; requiring a public charter school governing
body; requiring operation as a nonsectarian, nonreligious public
school; making a public charter school accountable to the county
board for certain purposes; requiring minimum amount of funding
from the county board of education; making public charter schools
subject to all state audit procedures and requirements; requiring
submission of quarterly financial reports; requiring adoption of
and operation under an annual budget; requiring conformance with
Governmental Accounting Standards Board standards; requiring school
uniforms; requiring pay for teachers and service personnel and
authorizing performance pay for teachers based on a career ladder
concept; requiring determination of enrollment in certain manner;
requiring student transportation; requiring provision and
maintenance of information on public charter schools; requiring
accrual of seniority and years of service for public charter school
personnel; giving preferred status solely for the purposes of
applying for a position in a regular public school to certain
public charter school personnel who are deselected or resign;
applying certain transfer limitations and conditions to certain
public charter school personnel; providing that public charter
school employees are county board of education employees for the purposes of salary and benefits; requiring the selection of a
public charter school principal by the county board of education
initially, but thereafter providing for selection and deselection
only upon the recommendation of the governing body to the board;
requiring the creation of an advisory group to make recommendations
to the principal for the selection and deselection of teachers;
requiring county board of education to select and deselect
personnel based on the public charter school principal's request;
in the event of dissolution of a public charter school, requiring
certain funds to revert to the county board of education and
providing that the charter school is responsible for all debts with
one exception; and requiring evaluations of public charter schools.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senator Unger:
Senate Bill No. 687--A Bill to amend and reenact §16-13A-3 of
the Code of West Virginia, 1931, as amended, relating to
authorizing a county commission member to act as an ex officio,
nonvoting member of its public service district board.
Referred to the Committee on Government Organization.
By Senators Jenkins and McCabe:
Senate Bill No. 688--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §11-3-1c, relating to the method of appraising certain affordable multifamily rental housing property for ad valorem
property tax purposes.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Kessler, Browning, Edgell, Foster, Green, Guills,
Hall, Laird, Snyder, Yost and Jenkins:
Senate Bill No. 689--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §3-1D-1, relating to the agreement among states to elect
the president by national popular vote.
Referred to the Committee on the Judiciary.
By Senators Bowman and Kessler:
Senate Bill No. 690--A Bill to amend and reenact §60-3A-4 and
§60-3A-25 of the Code of West Virginia, 1931, as amended, all
relating to adding various definitions and authorizations to permit
liquor sampling on Class A retail licenses.
Referred to the Committee on Government Organization.
By Senators Minard, Helmick and Plymale:
Senate Bill No. 691--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.
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 §31D-1-150 of
the Code of West Virginia, 1931, as amended; to amend said code by
adding thereto two new sections, designated §31D-7-740 and
§31D-7-741; to amend said code by adding thereto a new section,
designated §31D-8-834; and to amend said code by adding thereto a
new section, designated §31D-16-1621, all relating to corporate
political accountability; definitions; requiring annual
authorization and approval by a majority of shareholders for
corporations spending an aggregate of $10,000 or more for political
activities; providing for director liability for spending without
proper authorization; and disclosure of corporate political
activities to shareholders, Secretary of State and the public.
Referred to the Committee on the Judiciary.
By Senator Kessler:
Senate Bill No. 693--A Bill to repeal §3-9-14 of the Code of
West Virginia 1931, as amended; and to amend and reenact §3-8-1a,
§3-8-2, §3-8-8 and §3-8-12 of said code, all relating to the
regulation and control of elections; amending the definition of
"express advocacy" and "targeted to the relevant electorate";
amending reporting requirements for independent expenditures; and
repealing the ban on corporate independent expenditures.
Referred to the Committee on the Judiciary.
By Senators White, Foster, Kessler, Wells and Stollings:
Senate Bill No. 694--A Bill to amend and reenact §24-1-1 of
the Code of West Virginia, 1931, as amended; and to amend said code
by adding thereto a new section, designated §24-2-1j, all relating
to requiring greater information to be submitted by the Public
Service Commission annually regarding the quality of service
provided by utilities and persons subject to its jurisdiction; and
requiring incumbent local exchange carriers to achieve certain
levels of advanced services availability within the state by July
1, 2013.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Hall and Sypolt:
Senate Joint Resolution No. 13--Proposing an amendment to the
Constitution of the State of West Virginia, amending article VI
thereof by adding thereto a new section, designated fifty-seven,
relating to clarifying that the Constitution does not require the
state to pay for any abortion; further clarifying that the
Constitution does not secure or protect a right to abortion;
numbering and designating such proposed amendment; and providing a
summarized statement of the purpose of such proposed amendment.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Helmick, Oliverio, Prezioso, Deem, Boley, Jenkins,
Green, Hall, Sypolt, K. Facemyer, Guills, Yost, Chafin and Plymale:
Senate Joint Resolution No. 14--Proposing an amendment to the
Constitution of the State of West Virginia, by adding a new
article, designated article XV, section one, relating to the
definition of marriage in this state; numbering and designating
such proposed amendment; and providing a summarized statement of
the purpose of such proposed amendment.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
Senators White and Laird offered the following resolution:
Senate Concurrent Resolution No. 33--Requesting the Division
of Highways to name bridge number 34-22-0.96 located over Peters
Creek on County Route 22 in Nicholas County, West Virginia, the
"Homer J. Summers Memorial Bridge."
Whereas, Homer J. Summers was born in 1859 on Peters Creek to
Christopher Van Rensselear and Margaret "Spinks" Summers in a home
that was built in 1854; and
Whereas, Homer lived all of his ninety plus years as a farmer
on this land; and
Whereas, Homer had one son, Rubert, with his first wife, Nora
Martha Miller, and after her death married Minta Hanna, the mother
of his two daughters; and
Whereas, Homer ended up with nine grandchildren, all of whom
are successful in their own individual ways; and
Whereas, During his ninety years on his property he would watch the creek roll along and watch horses, cars, trucks and all
other types of vehicles cross the bridge over Peters Creek;
therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name
bridge number 34-22-0.96 located over Peters Creek on County Route
22 in Nicholas County, West Virginia, the "Homer J. Summers
Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways is hereby
requested to have made and be placed signs identifying the bridge
as the "Homer J. Summers Memorial Bridge"; 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 the family of Homer J.
Summers.
Which, under the rules, lies over one day.
Senators Unger, Snyder, Wells, McCabe, Kessler and Plymale
offered the following resolution:
Senate Resolution No. 34--Recognizing Leadership Jefferson for
its service, dedication and commitment to Jefferson County.
Whereas, The objective of Leadership Jefferson is to promote
knowledge and awareness of the problems, opportunities and issues
facing Jefferson County; and
Whereas, Leadership Jefferson is designed to provide a series of educational and participatory experiences, as well as an
opportunity for dialogue and the development of a correlation among
participants in order to encourage local participation in the
growth of Jefferson County; and
Whereas, The membership of Leadership Jefferson includes
individuals from nearly every facet of Jefferson County's business,
professional, religious, governmental, educational, civic, the
arts, organized labor and minority organizations who demonstrate a
commitment to the community; and
Whereas, The 2010 membership of Leadership Jefferson consists
of Jenny Allen, Individual; Thomas Bayuzik, Jefferson County
Development Authority; Catherine Bragaw, Harpers Ferry NHP;
Jennifer Brockman, Jefferson County; Jess Chambers, Charles Town
Races & Slots; Tina Coad, WVU-Hospitals East (Jefferson Memorial
Hospital; Jennifer Colbert, Teacher of the Year; Darren Conners,
Frontier Communications; Natasha Cortez-Caja, Jefferson Memorial
Hospital; Carol Crabtree, Region 9; Elizabeth Dougherty, Charles
Town Races & Slots; Ron Geigel, Charles Town Races & Slots; Ian
Gingold, City National Bank, Elizabeth Gray, American Public
University; Christina Johnson, Panhandle Home Health; Sarah
Kleckner, City of Ranson; John Mauck, Charles Town Races & Slots;
Heather Morgan, Jefferson County Chamber of Commerce; Tara Perry,
Charles Town Auto Wash; James Phillips, Apple Valley Waste; Alexis
Reed, Shepherd University; Jen Rolston, Eden Design; Katie See, City of Charles Town; Bill Silveous, City of Ranson; Andrew
Skinner, Skinner Law Firm; Kathy Skinner, Individual; Allison
Speaker, Student-Shepherd University; Ashley Stewart, United Bank;
and Grant Wetmore, BCT; therefore, be it
Resolved by the Senate:
That the Senate hereby recognizes Leadership Jefferson for its
service, dedication and commitment to Jefferson County; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to the appropriate officials of
Leadership Jefferson.
At the request of Senator Unger, 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, at
the request of Senator Chafin, and by unanimous consent, returned
to the second order of business and the introduction of guests.
The Senate then proceeded to the seventh order of business.
Senate Concurrent Resolution No. 31, Requesting Joint
Committee on Government and Finance study tourism industry
development.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on Economic Development; and then to the Committee on Rules.
Senate Concurrent Resolution No. 32, Requesting Joint
Committee on Government and Finance study nonnarcotic pain
treatment.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on Health and
Human Resources; and then to the Committee on Rules.
The Senate proceeded to the eighth order of business.
Eng. Senate Bill No. 214, Updating certain terms in
Corporation Net Income Tax Act.
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, Edgell, D. Facemire, K. Facemyer,
Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler,
Laird, McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin
(Mr. President)--31.
The nays were: None.
Absent: Caruth, Deem and Oliverio--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. 214) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Boley, Bowman,
Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning,
Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird,
McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder, Stollings,
Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr.
President)--31.
The nays were: None.
Absent: Caruth, Deem and Oliverio--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. 214) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 216, Updating terms in Personal Income
Tax Act.
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, Edgell, D. Facemire, K. Facemyer,
Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler,
Laird, McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin
(Mr. President)--31.
The nays were: None.
Absent: Caruth, Deem and Oliverio--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. 216) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Boley, Bowman,
Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning,
Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird,
McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder, Stollings,
Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr.
President)--31.
The nays were: None.
Absent: Caruth, Deem and Oliverio--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. 216) takes effect from passage.
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. 273, Authorizing DEP
promulgate legislative rules.
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, Chafin, Edgell, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard,
Palumbo, Plymale, Prezioso, Snyder, Stollings, Unger, Wells, White,
Yost and Tomblin (Mr. President)--27.
The nays were: Barnes, D. Facemire, Sypolt and Williams--4.
Absent: Caruth, Deem and Oliverio--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. 273) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Boley, Bowman, Browning,
Chafin, Edgell, K. Facemyer, Fanning, Foster, Green, Guills, Hall,
Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Unger, Wells, White, Yost and Tomblin
(Mr. President)--27.
The nays were: Barnes, D. Facemire, Sypolt and Williams--4.
Absent: Caruth, Deem and Oliverio--3.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 273) takes effect from passage.
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. 376, Relating to
residential mortgage foreclosure data.
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, Edgell, D. Facemire, K. Facemyer,
Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler,
Laird, McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin
(Mr. President)--31.
The nays were: None.
Absent: Caruth, Deem and Oliverio--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. 376) passed with its title.
Senator Chafin moved that the bill take effect July 1, 2010.
On this question, the yeas were: Barnes, Boley, Bowman,
Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning,
Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird,
McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder, Stollings,
Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr.
President)--31.
The nays were: None.
Absent: Caruth, Deem and Oliverio--3.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 376) takes effect July 1, 2010.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein
Eng. Senate Bill No. 385, Requiring banks provide bond to
secure certain county deposits.
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, Edgell, D. Facemire, K. Facemyer,
Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler,
Laird, McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin
(Mr. President)--31.
The nays were: None.
Absent: Caruth, Deem and Oliverio--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. 385) passed.
The following amendment to the title of the bill, from the
Committee on Banking and Insurance, was reported by the Clerk and
adopted:
Eng. Senate Bill No. 385--A Bill to amend and reenact §7-6-2
of the Code of West Virginia, 1931, as amended, relating to
requiring banks to execute a bond only where the amount of the
public money deposited exceeds the amount that is insured by an agency of the federal government.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 387, Providing certain mortgage loan
originators be licensed or registered.
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, Edgell, D. Facemire, K. Facemyer,
Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler,
Laird, McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin
(Mr. President)--31.
The nays were: None.
Absent: Caruth, Deem and Oliverio--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. 387) 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. 399, Relating to magistrates' election by
division.
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, Edgell, D. Facemire, K. Facemyer,
Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler,
Laird, McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin
(Mr. President)--31.
The nays were: None.
Absent: Caruth, Deem and Oliverio--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. 399) 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. 401, Relating to ad valorem
property taxes.
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, Edgell, D. Facemire, K. Facemyer,
Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler,
Laird, McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin
(Mr. President)--31.
The nays were: None.
Absent: Caruth, Deem and Oliverio--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. 401) passed.
On motion of Senator Helmick, the following amendment to the
title of the bill was reported by the Clerk and adopted:
Eng. Com. Sub. for Senate Bill No. 401--A Bill to amend and
reenact §11-3-1, §11-3-2a, §11-3-10, §11-3-12, §11-3-15, §11-3-19,
§11-3-24, §11-3-24a and §11-3-25 of the Code of West Virginia,
1931, as amended; to amend said code by adding thereto fourteen new
sections, designated §11-3-15a, §11-3-15b, §11-3-15c, §11-3-15d,
§11-3-15e, §11-3-15f, §11-3-15g, §11-3-15h, §11-3-15i, §11-3-23a,
§11-3-24b, §11-3-25a, §11-3-32 and §11-3-33; to amend said code by
adding thereto a new article, designated §11-6K-1, §11-6K-2,
§11-6K-3, §11-6K-4, §11-6K-5, §11-6K-6, §11-6K-7 and §11-6K-8; and
to amend and reenact §18-9A-12 of said code, all relating to
taxation of real and personal property for ad valorem property tax
purposes; defining and conforming terms used; making technical
corrections in certain code sections to conform to prior acts of
the Legislature; accelerating date for issuance of notices of
increase in assessed value of real property; updating penalties for
failure to file required property tax reports and returns;
clarifying report and return filing requirements; accelerating due
dates for filing reports and returns; assessment of property of limited liability companies; requiring assessors to notify owners
of commercial business personal property of increases in assessed
values for current assessment year by an established deadline;
providing procedures for property owners to protest notices of
assessed valuation and obtain appropriate adjustments from county
assessors; providing for appeal of protested assessments to county
board of equalization and review, board of assessment appeals and
circuit court; providing for protest of classification or
taxability to Tax Commissioner; specifying effective dates;
providing for discovery; authorizing assignment to hearing
examiner; providing methods for assessment of industrial property
and natural resources property; establishing time and basis for
assessments; providing for pertinent definitions; specifying form
and manner of making returns; establishing criminal penalties for
failure to file; providing for tentative appraisals by Tax
Commissioner and notification to taxpayers; providing procedures
for informal review of tentative appraisals; making of final
appraisals; transmitting final appraisals to assessors; providing
for appeals; authorizing reductions of assessments upon instruction
of Tax Commissioner in certain circumstances; specifying effective
dates; and holding harmless the local share for public school
support for reductions in revenues resulting from decisions of a
board of assessment appeals.
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. 422, Limiting liability for
nonhealth care provider defibrillator users.
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, Edgell, D. Facemire, K. Facemyer,
Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler,
Laird, McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin
(Mr. President)--31.
The nays were: None.
Absent: Caruth, Deem and Oliverio--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. 422) 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. 445, Extending time Fairmont City Council
can meet.
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, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler,
Laird, McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin
(Mr. President)--31.
The nays were: None.
Absent: Caruth, Deem and Oliverio--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. 445) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Boley, Bowman,
Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning,
Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird,
McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder, Stollings,
Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr.
President)--31.
The nays were: None.
Absent: Caruth, Deem and Oliverio--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. 445) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 461, Relating to administration of sales and use tax.
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, Edgell, D. Facemire, K. Facemyer,
Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler,
Laird, McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin
(Mr. President)--31.
The nays were: None.
Absent: Caruth, Deem and Oliverio--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. 461) 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. 511, Relating to tagging and checking
beaver pelts.
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, Edgell, D. Facemire, K. Facemyer,
Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler,
Laird, McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin
(Mr. President)--31.
The nays were: None.
Absent: Caruth, Deem and Oliverio--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. 511) 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. 512, Increasing game trap markings.
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, Edgell, D. Facemire, K. Facemyer,
Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler,
Laird, McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin
(Mr. President)--31.
The nays were: None.
Absent: Caruth, Deem and Oliverio--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. 512) 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. 517, Creating Uniform Real
Property Electronic Recording Act.
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, Edgell, D. Facemire, K. Facemyer,
Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler,
Laird, McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin
(Mr. President)--31.
The nays were: None.
Absent: Caruth, Deem and Oliverio--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. 517) 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. 547, Correcting inconsistency in school
board levies' code.
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, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler,
Laird, McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin
(Mr. President)--31.
The nays were: None.
Absent: Caruth, Deem and Oliverio--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. 547) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Boley, Bowman,
Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning,
Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird,
McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder, Stollings,
Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr.
President)--31.
The nays were: None.
Absent: Caruth, Deem and Oliverio--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. 547) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 548, Extending time Boone County Board of Education can meet as levying body.
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, Edgell, D. Facemire, K. Facemyer,
Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler,
Laird, McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin
(Mr. President)--31.
The nays were: None.
Absent: Caruth, Deem and Oliverio--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. 548) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Boley, Bowman,
Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning,
Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird,
McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder, Stollings,
Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr.
President)--31.
The nays were: None.
Absent: Caruth, Deem and Oliverio--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. 548) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
The Senate proceeded to the ninth order of business.
Senate Bill No. 10, Transferring certain cash balances between
funds administered by Commissioner of Highways.
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. 104, Requiring employees selling
alcohol take alcohol awareness course.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 122, Increasing mental health treatment
refusal age of consent.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 220, Authorizing certain bond issuers receive
federal subsidy bond credit payments.
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. 230, Relating to Board of
Optometry.
On second reading, coming up in regular order, was read a second time.
On motion of Senator Bowman, the following amendment to the
bill was reported by the Clerk:
On page five, section three, after line sixteen, by inserting
a new subdivision, designated subdivision (g), to read as follows:
(g) "Collaboration" means a written protocol agreement for
each patient to be executed between an optometrist and
ophthalmologist, and filed with the appropriate licensing boards,
for an optometrist meeting the criteria of this article to perform
Selective Laser Trabeculoplasty (SLT) procedures. The
ophthalmologist must be notified when the procedure takes place by
the optometrist and be available within forty miles of the
treatment site in case patient complications require a physician.
On motion of Senator Kessler, the following amendment to
Senator Bowman's amendment to the bill (Com. Sub. for S. B. No.
230) was reported by the Clerk and adopted:
By striking out the words "Selective Laser Trabeculoplasty
(SLT) procedures" and inserting in lieu thereof the words "Argon
Laser Trabeculoplasty procedures, Selective Laser Trabeculoplasty
procedures and Peripheral Iridotomy procedures".
The question now being on the adoption of Senator Bowman's
amendment
to the bill (Com. Sub. for S. B. No. 230), as amended.
Following a point of inquiry to the President, with resultant
response thereto,
At the request of Senator Chafin, unanimous consent being
granted, further consideration of the bill and Senator Bowman's
pending amendment, as amended, was deferred until the conclusion of
bills on today's second reading calendar.
Com. Sub. for Senate Bill No. 240, Authorizing Department of
Administration promulgate legislative rules.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 402, Relating to Supreme Court Justices'
election by division.
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. 443, Requiring certain DUI
offenders participate in Motor Vehicle Alcohol Test and Lock
Program.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 464, Clarifying Division of Personnel
functions.
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. 465, Relating to utility service
disconnection.
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. 473, Authorizing conservation
officers conduct boat safety checks.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 477, Creating centralized filing system for
legislative reports.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 514, Clarifying certain language in Controlled
Substances Monitoring Act.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
On motion of Senator Chafin, the Senate recessed until 1 p.m.
today.
Upon expiration of the recess, the Senate reconvened.
The end of today's second reading calendar having been
reached, the Senate returned to the consideration of
Com. Sub. for Senate Bill No. 230, Relating to Board of
Optometry.
Having been read a second time in earlier proceedings today,
and now coming up in deferred order with Senator Bowman's amendment
to the bill, as amended, pending (shown in the Senate Journal of
today, page 63), was again reported by the Clerk.
At the request of Senator Bowman, and by unanimous consent,
Senator Bowman's pending amendment, as amended, to the bill was
withdrawn.
On motion of Senator Bowman, the following amendments to the
bill (Com. Sub. for S. B. No. 230) were next reported by the Clerk,
considered simultaneously, and adopted:
On page five, section three, after line sixteen, by inserting
a new subdivision, designated subdivision (g), to read follows:
(g) "Collaborative arrangement" means a written protocol
agreement for each patient to be executed between an optometrist
and ophthalmologist, and filed with the appropriate licensing
boards, for an optometrist meeting the criteria of this article.
The ophthalmologist must be notified when the procedure takes place
by the optometrist and be available within forty miles of the
treatment site in case patient complications require a physician.;
On page five, section three, line seventeen, by striking out
"(g)" and inserting in lieu thereof "(h)";
On page five, section three, line twenty, by striking out
"(h)" and inserting in lieu thereof "(i)";
On page five, section three, lines twenty-one through twenty-
three, by striking out all of subdivision (i);
On page six, section three, after line twenty-five, by
inserting a new subdivision, designated subdivision (k), to read as
follows:
(k) "Ophthalmologist" means a physician specializing in
ophthalmology licenced in West Virginia to practice medicine and
surgery under article thereof this chapter or osteopathy under
article fourteen of this chapter.;
And,
By relettering the remaining subdivisions.
On motion of Senator Bowman, the following amendment to the
bill (Com. Sub. for S. B. No. 230) was next reported by the Clerk:
On page eighteen, section nine, line fifty-four, after the
word "may" by striking out the remainder of the subdivision and
inserting in lieu thereof the words "use a Selective Laser
Trabeculoplasty in the treatment of glaucoma when such licensee is
working in a collaborative arrangement with an ophthalmologist:
Provided, however, That a licensee who observes progressive vision
loss in a patient shall refer that patient to an ophthalmologist;".
On motion of Senator Kessler, the following amendment to
Senator Bowman's amendment to the bill (Com. Sub. for S. B. No.
230) was reported by the Clerk:
By striking out the words "a Selective Laser Trabeculoplasty"
and inserting in lieu thereof the words "Argon Laser
Trabeculoplasty procedures, Selective Laser Trabeculoplasty
procedures and Peripheral Iridotomy procedures".
The question being on the adoption of Senator Kessler's
amendment to Senator Bowman's amendment to the bill (Com. Sub. for S. B. No. 230), the same was put.
The result of the voice vote being inconclusive, Senator
Jenkins demanded a division of the vote.
A standing vote being taken, the were eighteen "yeas" and
twelve "nays".
Whereupon, the President declared Senator Kessler's amendment
to Senator Bowman's amendment to the bill adopted.
The question now being on the adoption of Senator Bowman's
amendment
to the bill (Com. Sub. for S. B. No. 230), as amended,
the same was put and prevailed.
On motion of Senator Bowman, the following amendment to the
bill
(Com. Sub. for S. B. No. 230) was next reported by the Clerk
and adopted:
On page eighteen, section nine, line forty-nine, after the
word "surgery" by changing the colon to a semicolon and striking
out the proviso.
On motion of Senator Bowman, the following amendment to the
bill
(Com. Sub. for S. B. No. 230) was next reported by the Clerk
and adopted:
On pages nineteen and twenty, by striking out all of section
ten;
And,
By renumbering the remaining sections.
On motion of Senator Prezioso, the following amendment to the bill
(Com. Sub. for S. B. No. 230) was next reported by the Clerk:
On page eighteen, section nine, lines fifty-two through sixty-
five, by striking out all of subdivision (2);
And,
Renumbering the remaining subdivisions.
The question being on the adoption of Senator Prezioso's
amendment to the bill, the same was put.
Following a point of inquiry to the President, with resultant
response thereto,
At the request of Senator Prezioso, and by unanimous consent,
Senator Prezioso's amendment to the bill was withdrawn.
On motion of Senator Bowman, the following amendment to the
bill
(Com. Sub. for S. B. No. 230) was next reported by the Clerk
and adopted:
On pages two and three, by striking out the enacting section
and inserting in lieu thereof a new enacting section, to read as
follows:
That §30-8-2a, §
30-8-2b, §
30-8-3a, §
30-8-3b and §30-8-5 of the
Code of West Virginia, 1931, as amended, be repealed; that §
30-8-
1,
§
30-8-
2, §
30-8-
3, §
30-8-
4, §
30-8-
5, §
30-8-
6, §
30-8-
7, §
30-8-
8, §
30-
8-
9, §
30-8-
10 and §
30-8-
11 of said code be amended and reenacted;
and that said code be amended by adding thereto eleven new
sections, designated §
30-8-
12, §
30-8-
13, §
30-8-
14, §
30-8-
15, §
30-8-
16, §
30-8-
17, §
30-8-
18, §
30-8-
19, §
30-8-
20, §
30-8-
21 and §
30-8-
22, all to read as follows:.
At the request of Senator Prezioso, and by unanimous consent,
the bill was advanced to third reading with the right for further
amendments to be considered on that reading.
The Senate proceeded to the tenth order of business.
Senate Bill No. 41, Relating to community enhancement
districts.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
Senate Bill No. 42, Revising Municipal Economic Opportunity
Development District Act.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
Com. Sub. for Senate Bill No. 120, Requiring certain students
provide dental exam proof.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
Senate Bill No. 128, Relating to Smart 529 college savings
plan.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
Com. Sub. for Senate Bill No. 232, Transferring certain
requirements for redeeming delinquent land sales from county clerks
to State Auditor.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
Senate Bill No. 237, Authorizing issuance of revenue bonds for
public projects.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
Com. Sub. for Senate Bill No. 345, Requiring
telecommunications tax study.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
Com. Sub. for Com. Sub. for Senate Bill No. 349, Requiring
child care centers have written evacuation plan.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
Com. Sub. for Senate Bill No. 352, Creating WV Community
Empowerment Transportation Act.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
Com. Sub. for Senate Bill No. 389, Relating to eligibility of
certain felons to receive certain federally funded benefits.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
Senate Bill No. 390, Clarifying court assesses private
investigative and security services regulations violation penalties.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
Com. Sub. for Senate Bill No. 441, Relating to residential
solar energy systems tax credit.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
Senate Bill No. 453, Providing State Register subscribers
electronic format option.
On first 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.
Com. Sub. for Senate Bill No. 490, Relating to domestic
violence.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
Senate Bill No. 506, Imposing penalties for falsifying State
Police Retirement Fund records.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
Com. Sub. for Senate Bill No. 515, Relating to firearms'
purchases and licensing.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
On motion of Senator Chafin, leaves of absence for the day
were granted Senators Caruth, Deem and Oliverio.
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Chafin, the Senate adjourned until
tomorrow, Tuesday, February 23, 2010, at 11 a.m.
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