sdj-43rd day
WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-NINTH LEGISLATURE
REGULAR SESSION, 2009
FORTY-THIRD DAY
____________
Charleston, W. Va., Wednesday, March 25, 2009
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by the Reverend Jesse Waggoner, Senior
Associate Pastor, Bible Center Church, Charleston, West Virginia.
Debra Renee Burkhardt of London, West Virginia, then proceeded in
the singing of "How Great Thou Art".
Pending the reading of the Journal of Tuesday, March 24, 2009,
On motion of Senator Williams, 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 and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 3074--A Bill to amend and
reenact §11-6-23 of the Code of West Virginia, 1931, as amended, relating to notice of delinquent taxes by certified mail.
Referred to the Committee on the Judiciary.
The Senate proceeded to the fourth order of business.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 15, Limiting certain parks and recreation
entities' liability.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 15 (originating in the Committee
on the Judiciary)--A Bill to amend the Code of West Virginia, 1931,
as amended, by adding thereto a new section, designated §7-11-5a;
to amend said code by adding thereto a new section, designated
§8-21-10a; to amend and reenact §19-25-3 of said code; and to amend
said code by adding thereto a new section, designated §20-5-3a, all
relating to limiting liability of the section of Parks and
Recreation of the Division of Natural Resources, county parks and
recreation commissions, boards of parks and recreation
commissioners, any officer or agent of a nonprofit state park or
forest foundation and owners of land used for public parks and
recreation purposes under an agreement with any of the foregoing
entities.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 17, Increasing certain Cultural Facilities and
Capitol Resources Matching Grant Program Fund allocations.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 17 (originating in the Committee
on the Judiciary)--A Bill to amend and reenact §29-22A-10 and
§29-22A-10b of the Code of West Virginia, 1931, as amended, all
relating to the net terminal income allocated to the Development
Office Promotion Fund and the Cultural Facilities and Capitol
Resources Matching Grant Program Fund; and technical amendments.
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. 17), under the original
double committee reference, was then referred to the Committee on Finance.
Senator Unger, from the Committee on Transportation and
Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had
under consideration
Senate Bill No. 49, Relating to abandoned vehicles generally.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 49 (originating in the Committee
on Transportation and Infrastructure)--A Bill to amend and reenact
§17-24A-1 and §17-24A-2 of the Code of West Virginia, 1931, as
amended, all relating to abandoned motor vehicles; clarifying
certain definitions; making it a misdemeanor offense to abandon a
motor vehicle which is unlicensed or inoperable, or both, upon any
private property for a period of more than thirty days unless the
vehicle is in an enclosed building or is obscured from view;
setting forth certain exceptions; and penalties.
With the recommendation that the committee substitute do pass;
but under the original double committee reference first be referred
to the Committee on the Judiciary.
Respectfully submitted,
John R. Unger II,
Chair.
At the request of Senator Unger, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 49) contained in the
preceding report from the Committee on Transportation and
Infrastructure was taken up for immediate consideration, read a
first time, ordered to second reading and, under the original
double committee reference, was then referred to the Committee on
the Judiciary.
At the request of Senator Bowman, and by unanimous consent,
the Senate returned to the second order of business and the
introduction of guests.
The Senate again proceeded to the fourth order of business.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 195, Authorizing Department of Health and
Human Resources promulgate legislative rule relating to public
water systems.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 195 (originating in the
Committee on the Judiciary)--A Bill to amend and reenact article 5,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
generally to the promulgation of administrative rules by the
various executive or administrative agencies and the procedures
relating thereto; continuing rules previously promulgated by state agencies and boards; legislative mandate or authorization for the
promulgation of certain legislative rules; authorizing certain of
the agencies to promulgate certain legislative rule with various
modifications presented to and recommended by the Legislative Rule-
Making Review Committee; authorizing certain of the agencies to
promulgate certain legislative rules with various modifications
presented to and recommended by the Legislative Rule-Making
Committee and as amended by the Legislature; authorizing the
Department of Health and Human Resources to promulgate a
legislative rule relating to public water systems; authorizing the
Department of Health and Human Resources to promulgate a
legislative rule relating to licensure of medical adult day care
centers; authorizing the Department of Health and Human Resources
to promulgate a legislative rule relating to tuberculosis testing,
control treatment and commitment; authorizing the Commission for
the Deaf and Hard of Hearing to promulgate a legislative rule
relating to the establishment of required qualifications and
ethical standards for interpreters and transliterators; and
authorizing the Division of Human Services to promulgate a
legislative rule relating to child care center licensing.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 195) contained in the
preceding report from the Committee on the Judiciary was taken up
for immediate consideration, read a first time and ordered to
second reading.
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. 246, Relating to unemployment compensation
generally.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 246 (originating in the
Committee on the Judiciary)--A Bill to amend and reenact §21A-1-4
of the Code of West Virginia, 1931, as amended; to amend and
reenact §21A-1A-5, §21A-1A-6, §21A-1A-7 and §21A-1A-28 of said
code; to amend and reenact §21A-5-10a of said code; and to amend
and reenact §21A-6-1, §21A-6-3 and §21A-6-10 of said code, all
relating generally to unemployment compensation; requiring
establishment of employer violator system; providing for notice and
due process; defining certain terms; creating a temporary solvency
assessment; providing for a temporary solvency assessment if the
balance of the fund falls below certain funded levels; providing
for removal of the temporary solvency assessment; requiring written notice to employers when assessment will be collected and
terminated; providing for collection of delinquencies and
penalties; providing that the maximum weekly benefit rate shall not
increase or decrease while temporary solvency assessments are being
imposed; providing for an alternative base wage and authorizing
benefits thereunder; requiring notice to employer when employee
quits for health reasons; requiring written certification from
physician within thirty days; classifying certain conduct as gross
misconduct; defining lockout and strike; and providing that an
employee who voluntarily retires is not eligible for unemployment.
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 Kessler, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 246) contained in the
preceding report from the Committee on the Judiciary was taken up
for immediate consideration, read a first time, ordered to second
reading and, under the original double committee reference, was
then referred to the Committee on Finance.
Senator Plymale, from the Committee on Education, submitted
the following report, which was received:
Your Committee on Education has had under consideration
Senate Bill No. 265, Authorizing tax credit for new teachers
in critical needs areas.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 265 (originating in the
Committee on Education)--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new article, designated
§11-13Z-1; and to amend said code by adding thereto a new section,
designated §18-2-19, all relating to authorizing a tax credit for
new teachers in critical needs areas; specifying effective date;
providing definition; specifying amount of credit; specifying
application of credit; specifying forfeiture of unused credit;
specifying no carryover or carryback for credit; and requiring the
State Board of Education to determine standards defining "critical
needs areas" in both subject areas and geographic areas.
Senate Bill No. 273, Creating incentives to obtain GED.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 273 (originating in the
Committee on Education)--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new article, designated
§11-13Z-1 and §11-13Z-2; and to amend said code by adding thereto
a new section, designated §18B-10-7c, all relating generally to incentives for the General Educational Development credential; tax
credit for certain employers allowing an employee at least five
hours per week of paid release time to study for the General
Educational Development test; and tuition waivers for certain
students who have earned a General Educational Development
credential within the last year.
And,
Senate Bill No. 498, Relating to early childhood development.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 498 (originating in the
Committee on Education)--A Bill to amend and reenact §18-5-44 of
the Code of West Virginia, 1931, as amended; and to amend said code
by adding thereto a new article, designated §49-2E-1, §49-2E-2,
§49-2E-3, §49-2E-4, §49-2E-5, §49-2E-6, §49-2E-7, §49-2E-8,
§49-2E-9 and §49-2E-10, all relating to early childhood
development; early childhood education; findings; early childhood
education program providers; use of existing sources; county
collaborative plans; annual submission for approval; creating a
review board for the purpose of receiving complaints from
community-based programs; changes to an approved county
collaborative plan; implementation waiver; reports to Legislative
Oversight Commission on Education Accountability and the Joint
Committee on Government and Finance; enrolling students less than four years of age; State Board of Education rule; community-based
programs ceasing to provide services; community-based programs
choosing to provide services after initially electing not to;
waiver of annual plan submission requirement; quality rating and
improvement system applicable to certain child care providers;
findings, purpose and intent; Secretary of Department of Health and
Human Resources rules; pilot projects; quality rating and
improvement system advisory council; statewide implementation;
potential gradual implementation; components of quality rating and
improvement system; conditioning requirements on legislative
appropriation or other funding; program standards; tiers of
quality; review, reduction, suspension or disqualification;
accountability measures; evaluations; practitioner and outreach
support; parent education and public awareness; financial
incentives; wage supports and benefits; subsidizing for services to
low income families; scholarships; professional development plans;
grants; internet-based management information system; financial
assistance for child care consumers; and ongoing quality rating and
improvement system evaluation.
With the recommendation that the three committee substitutes
do pass; but under the original double committee references first
be referred to the Committee on Finance.
Respectfully submitted,
Robert H. Plymale,
Chair.
At the request of Senator Plymale, unanimous consent being
granted, the bills (Com. Sub. for S. B. Nos. 265, 273 and 498)
contained in the preceding report from the Committee on Education
were each taken up for immediate consideration, read a first time,
ordered to second reading and, under the original double committee
references, were 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. 297, Creating Alternative and Renewable Energy
Portfolio Act.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 297 (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 §24-2F-1, §24-2F-2, §24-2F-3, §24-2F-4, §24-2F-5, §24-
2F-6, §24-2F-7, §24-2F-8, §24-2F-9, §24-2F-10, §24-2F-11, §24-2F-12
and §24-2F-13, all relating to an alternative and renewable energy
portfolio standard; setting forth legislative findings; defining
terms; establishing standards for the sale of electricity generated
from alternative and renewable energy resources; providing for
compliance assessments; creating a system of tradeable alternative and renewable energy resource credits; providing for the awarding
of credits based upon electricity generated from alternative and
renewable energy resource facilities; providing for the awarding of
credits for certain greenhouse emissions reduction and offset
projects; providing for the awarding of credits for certain energy
efficiency and demand-side energy initiative projects; requiring
application to the Public Service Commission for approval of
alternative and renewable energy portfolio standard compliance
plans; setting forth minimum requirements for compliance plan
applications; requiring Public Service Commission approval of
compliance plan applications; requiring annual progress reports;
providing for incentive ratemaking for investments in new
alternative and renewable energy resource facilities in West
Virginia; requiring the Public Service Commission to adopt certain
net metering and interconnection rules and standards; authorizing
the Public Service Commission to enter into interagency agreements
to meet its requirements under this article; requiring an ongoing
assessment of alternative and renewable energy resources in West
Virginia; authorizing Public Service Commission to adopt portfolio
standards for certain electric cooperatives and other electric
facilities or utilities; establishing the Alternative and Renewable
Energy Resources Research Fund; providing for the awarding of
matching grants for certain research projects; declaring
severability; and authorizing the Public Service Commission to promulgate rules.
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 Kessler, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 297) contained in the
preceding report from the Committee on the Judiciary was taken up
for immediate consideration, read a first time, ordered to second
reading and, under the original double committee reference, was
then referred to the Committee on Finance.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 299, Relating to Infrastructure Fund projects.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 299 (originating in the
Committee on Finance)--A Bill to amend and reenact §31-15A-2 and
§31-15A-7 of the Code of West Virginia, 1931, as amended, all
relating to infrastructure projects funded by the West Virginia
Infrastructure Fund; providing definitions; specifying that infrastructure projects providing conduit or other supporting or
containing structures for telecommunications and broadband
transmission lines be included in infrastructure projects eligible
for funding; including the feasibility of inclusion of broadband
transmission lines concomitant with the construction of new roads;
providing that construction of broadband transmission lines may be
funded from the Infrastructure Road Improvement Reserve Account
within the Infrastructure Fund; removing the limitation of the
amount of funds which may be annually transferred to the account;
and requiring reasonable and nondiscriminatory access to conduit or
other supporting or containing structures for telecommunications
and broadband transmission lines, including legislative rules.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 299) contained in the
preceding report from the Committee on Finance was taken up for
immediate consideration, read a first time and ordered to second
reading.
Senator Prezioso, from the Committee on Health and Human
Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under consideration
Senate Bill No. 322, Exempting certain life insurance policies
from Medicaid assignment.
And reports the same back with the recommendation that it do
pass; but under the original double committee reference first be
referred to the Committee on Finance.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
At the request of Senator Prezioso, unanimous consent being
granted, the bill (S. B. No. 322) contained in the preceding report
from the Committee on Health and Human Resources was taken up for
immediate consideration, read a first time, ordered to second
reading and, under the original double committee reference, was
then referred to the Committee on Finance.
Senator Plymale, from the Committee on Education, submitted
the following report, which was received:
Your Committee on Education has had under consideration
Senate Bill No. 333, Reducing ratio of school nurses to
students.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 333 (originating in the
Committee on Education)--A Bill to amend and reenact §18-5-22 of the Code of West Virginia, 1931, as amended, relating to basing
school nurse ratio on total net enrollment instead of only
kindergarten through seventh grade net enrollment; and eliminating
a county's ability to contract out nursing services.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Robert H. Plymale,
Chair.
At the request of Senator Plymale, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 333) contained in the
preceding report from the Committee on Education was taken up for
immediate consideration, read a first time and ordered to second
reading.
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. 336, Changing failure to wear seatbelt to
primary offense.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being granted, the bill (S. B. No. 336) contained in the preceding report
from the Committee on the Judiciary was taken up for immediate
consideration, read a first time and ordered to second reading.
Senator Prezioso, from the Committee on Health and Human
Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under
consideration
Senate Bill No. 419, Creating Healthy Lifestyles Restaurant
Calorie Posting Program.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 419 (originating in the
Committee on Health and Human Resources)--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.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
Senator Minard, from the Committee on Banking and Insurance,
submitted the following report, which was received:
Your Committee on Banking and Insurance has had under
consideration
Senate Bill No. 430, Prohibiting premium subsidies for certain
public employees.
Senate Bill No. 492, Clarifying certain Public Employees
Insurance Agency retirement requirements.
And,
Senate Bill No. 658, Authorizing Auditor and Treasurer
contract emergency banking services.
And reports the same back with the recommendation that they
each do pass; but under the original double committee references
first be referred to the Committee on Finance.
Respectfully submitted,
Joseph M. Minard,
Chair.
At the request of Senator Minard, unanimous consent being
granted, the bills (S. B. Nos. 430, 492 and 658) contained in the
preceding report from the Committee on Banking and Insurance were
each taken up for immediate consideration, read a first time,
ordered to second reading and, under the original double committee
references, were then referred to the Committee on Finance.
Senator Minard, from the Committee on Banking and Insurance,
submitted the following report, which was received:
Your Committee on Banking and Insurance has had under consideration
Senate Bill No. 450, Allowing Public Employees Insurance
Agency enter into capitated provider arrangements.
Senate Bill No. 495, Authorizing Insurance Commissioner permit
certain groups life insurance policies.
And,
Senate Bill No. 632, Requiring insurers share certain
information with Bureau for Medical Services.
And reports the same back with the recommendation that they
each do pass.
Respectfully submitted,
Joseph M. Minard,
Chair.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 451, Relating to crime victims' compensation
awards.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 451 (originating in the
Committee on the Judiciary)--A Bill to amend and reenact §14-2A-3
and §14-2A-14 of the Code of West Virginia, 1931, as amended, all
relating generally to compensation awards to victims of crimes; expanding the definition of "criminally injurious conduct";
increasing allowable victim relocation costs; allowing payment for
reasonable travel expenses for the transportation of a victim to or
from a medical facility; increasing the amount that may be paid to
a victim and to all other claimants sustaining economic loss
because of injury to that victim; and removing the provision that
prohibits the voluntary intoxication of a victim from being a
defense against the estate of a deceased victim.
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 Kessler, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 451) contained in the
preceding report from the Committee on the Judiciary was taken up
for immediate consideration, read a first time, ordered to second
reading and, 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
Com. Sub. for Senate Bill No. 461, Extending selenium effluent limits compliance time.
And has amended the same.
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Com. Sub. for Senate Bill No. 470 (originating in the
Committee on Transportation and Infrastructure), Regulating
all-terrain vehicles on Hatfield-McCoy Trail.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Com. Sub. for Senate Bill No. 470 (originating
in the Committee on the Judiciary)--A Bill to amend and reenact
§20-15-1, §20-15-2, §20-15-3, §20-15-4, §20-15-5 and §20-15-6 of
the Code of West Virginia, 1931, as amended, all relating to
regulating all-terrain vehicles and utility-terrain vehicles on the
Hatfield-McCoy Trail; standardizing the definition of "all-terrain
vehicle"; defining and regulating "utility-terrain vehicle";
defining and regulating "motorcycle"; and making stylistic and
technical corrections.
With the recommendation that the committee substitute for
committee substitute do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 473, Clarifying civil service job posting
provisions.
Now on second reading, having been read a first time and
referred to the Committee on the Judiciary on March 18, 2009;
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
Senator Prezioso, from the Committee on Health and Human
Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under
consideration
Senate Bill No. 483, Creating Caregivers Consent Act.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
Senator Bowman, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
Senate Bill No. 490, Authorizing Mercer County Commission
appoint emergency operations center board.
And reports the same back with the recommendation that it do
pass; but under the original double committee reference first be
referred to the Committee on Finance.
Respectfully submitted,
Edwin J. Bowman,
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 Government Organization.
Senator Plymale, from the Committee on Education, submitted
the following report, which was received:
Your Committee on Education has had under consideration
Senate Bill No. 513, Relating to hiring, termination, transfer
and reassignment of school personnel.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 513 (originating in the
Committee on Education)--A Bill to amend and reenact §18A-2-2,
§18A-2-7 and §18A-2-8a of the Code of West Virginia, 1931, as
amended; to amend and reenact §18A-3-1, §18A-3-2a and §18A-3-2b of
said code; and to amend and reenact §18A-4-7a of said code, all
relating to the hiring, termination, transfer and reassignment of
teachers and school personnel; revising certain dates upon which
action must be taken with respect to the hiring or transfer of
teachers and school personnel; providing an incentive payment to
professional personnel who file notice of retirement on or before
December 1; repealing the citizenship requirement for a teaching
certificate; creating an exception to the preference for currently
employed certified professional educators for coaching positions;
reducing the length of the beginning teacher internship program
under certain circumstances; authorizing county boards to hire
teachers and professional personnel based on certain equally
weighted criteria; authorizing reposting if no applicants are
satisfactory; facilitating compliance with posting requirements;
and authorizing elementary school teachers to be reassigned under
certain conditions.
With the recommendation that the committee substitute do pass;
but under the original double committee reference first be referred to the Committee on the Judiciary.
Respectfully submitted,
Robert H. Plymale,
Chair.
At the request of Senator Plymale, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 513) contained in the
preceding report from the Committee on Education was taken up for
immediate consideration, read a first time, ordered to second
reading and, under the original double committee reference, was
then referred to the Committee on the Judiciary.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 515, Creating Uniform Adult Guardianship and
Protective Proceedings Jurisdiction Act.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 519, Authorizing Governor institute employee furlough program.
Com. Sub. for Senate Bill No. 554, Requiring sex offender
registry fee.
And,
Senate Bill No. 636, Finding and declaring certain claims
against state.
And reports the same back with the recommendation that they
each do pass.
Respectfully submitted,
Walt Helmick,
Chair.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 533, Updating terms in consumers sales and
service tax.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 533 (originating in the
Committee on Finance)--A Bill to amend and reenact §11-15-9i of the
Code of West Virginia, 1931, as amended; and to amend and reenact
§11-15B-2 and §11-15B-32 of said code, all relating to the
definitions of "health care provider" and "drug"; and exempting
from the consumers sales and service tax drugs purchased by veterinarians to be dispensed upon prescription for the medical
treatment of animals.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Walt Helmick,
Chair.
Senator Bowman, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
Senate Bill No. 573, Terminating Pharmaceutical Cost
Management Council.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 573 (originating in the
Committee on Government Organization)--A Bill to amend and reenact
§5A-3C-8 of the Code of West Virginia, 1931, as amended, relating
to continuing the West Virginia Pharmaceutical Cost Management
Council as an advisory council to the Pharmaceutical Advocate.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Edwin J. Bowman,
Chair.
Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Com. Sub. for Senate Bill No. 575 (originating in the
Committee on the Judiciary), Relating to gaming operations at
historic resort hotel.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Com. Sub. for Senate Bill No. 575 (originating
in the Committee on Finance)--A Bill to amend and reenact §29-25-1,
§29-25-2, §29-25-3, §29-25-5, §29-25-6, §29-25-8, §29-25-9, §29-25-
11, §29-25-12, §29-25-13, §29-25-16, §29-25-17, §29-25-18, §29-25-
19, §29-25-20, §29-25-21, §29-25-22, §29-25-23, §29-25-24, §29-25-
25 and §29-25-26 of the Code of West Virginia, 1931, as amended;
and to amend said code by adding thereto twelve new sections,
designated §29-25-22a, §29-25-28, §29-25-29, §29-25-30, §29-25-31,
§29-25-32, §29-25-33, §29-25-34, §29-25-35, §29-25-36, §29-25-37
and §29-25-38 of said code, all relating to gaming at a historic
resort hotel and pari-mutuel racetracks generally; updating and
conforming provisions for consistency purposes between hotel and
racetracks; legislative findings and intent; authorizing certain
games of chance; modifying licensure requirements and fees
therefor; renaming State Gaming Fund the Historic Resort Hotel
Fund; providing for distribution of the Historic Resort Hotel Fund;
creating formula for renewal fee assessments; expanding licensees' authority to set wagers with commission approval; redefining gross
terminal income to allow and account for promotional play at hotel
and racetracks; authorizing hotel to contract for management
services with commission approval; creating the Human Resource
Benefit Fund; permissible expenditures; establishing Human Resource
Benefit Advisory Board and setting criteria for its membership;
powers and duties; authorizing certain complimentary services;
restricting who may enter the designated gaming area of the hotel
to overnight guests, certain participants at hotel-based events and
residents; clarifying forfeiture of property provisions;
authorizing commission to operate slot machines and video lottery
games; establishing requirements for video lottery terminals;
establishing specific duties required of the gaming facility;
creating Capital Reinvestment Fund; imposing surcharge against
share of gross terminal income to be paid into the Capital
Reinvestment Fund; declaring all authorized games of chance to be
owned by the state, preempting inconsistent county and municipal
ordinances or rules; declaring exemption from federal law to
facilitate authorization of legal gaming; establishing rules of
play and dispute resolution; authorizing shipment of gambling
devices into state; modifying distribution of revenue; license
suspension and revocation; civil penalties; authorizing emergency
rulemaking; establishing and modifying criminal offenses and
penalties; and other technical corrections.
With the recommendation that the committee substitute for
committee substitute do pass.
Respectfully submitted,
Walt Helmick,
Chair.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 577, Relating to Prosecuting Attorneys
Institute.
And reports the same back with the recommendation that it do
pass; but under the original double committee reference first be
referred to the Committee on Finance.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (S. B. No. 577) contained in the preceding report
from the Committee on the Judiciary was taken up for immediate
consideration, read a first time, ordered to second reading and,
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. 595, Relating to assignment of child support
obligations.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
Senator Minard, from the Committee on Banking and Insurance,
submitted the following report, which was received:
Your Committee on Banking and Insurance has had under
consideration
Senate Bill No. 631, Relating to certain insurance policy
cancellation.
And reports the same back with the recommendation that it do
pass; but under the original double committee reference first be
referred to the Committee on the Judiciary.
Respectfully submitted,
Joseph M. Minard,
Chair.
At the request of Senator Minard, unanimous consent being
granted, the bill (S. B. No. 631) contained in the preceding report
from the Committee on Banking and Insurance was taken up for immediate consideration, read a first time, ordered to second
reading and, under the original double committee reference, was
then referred to the Committee on the Judiciary.
Senator Plymale, from the Committee on Education, submitted
the following report, which was received:
Your Committee on Education has had under consideration
Senate Bill No. 635, Relating to Process for Improving
Education Council.
And reports the same back with the recommendation that it do
pass; but under the original double committee reference first be
referred to the Committee on Government Organization.
Respectfully submitted,
Robert H. Plymale,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on Government Organization.
Senator Unger, from the Committee on Transportation and
Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had
under consideration
Senate Bill No. 637, Prohibiting texting while driving.
And reports the same back with the recommendation that it do
pass; but under the original double committee reference first be
referred to the Committee on the Judiciary.
Respectfully submitted,
John R. Unger II,
Chair.
At the request of Senator Unger, unanimous consent being
granted, the bill (S. B. No. 637) contained in the preceding report
from the Committee on Transportation and Infrastructure was taken
up for immediate consideration, read a first time, ordered to
second reading and, under the original double committee reference,
was then referred to the Committee on the Judiciary.
Senator Plymale, from the Committee on Education, submitted
the following report, which was received:
Your Committee on Education has had under consideration
Senate Bill No. 640, Relating to higher education employees'
eligibility for Legislature.
And reports the same back with the recommendation that it do
pass; but under the original double committee reference first be
referred to the Committee on the Judiciary.
Respectfully submitted,
Robert H. Plymale,
Chair.
At the request of Senator Plymale, unanimous consent being
granted, the bill (S. B. No. 640) contained in the preceding report
from the Committee on Education was taken up for immediate
consideration, read a first time, ordered to second reading and, under the original double committee reference, was then referred to
the Committee on the Judiciary.
Senator Plymale, from the Committee on Education, submitted
the following report, which was received:
Your Committee on Education has had under consideration
Senate Bill No. 652, Relating to mentor teacher.
And reports the same back with the recommendation that it do
pass; but under the original double committee reference first be
referred to the Committee on Finance.
Respectfully submitted,
Robert H. Plymale,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on Finance.
Senator Fanning, from the Committee on Natural Resources,
submitted the following report, which was received:
Your Committee on Natural Resources has had under
consideration
Senate Bill No. 684, Requiring timbering operators repair
damaged roads and rights-of-way.
And reports the same back with the recommendation that it do
pass; but under the original double committee reference first be
referred to the Committee on the Judiciary.
Respectfully submitted,
John Pat Fanning,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on the Judiciary.
Senator Browning, from the Committee on Economic Development,
submitted the following report, which was received:
Your Committee on Economic Development has had under
consideration
Senate Bill No. 727, Creating WV Manufacturing Competiveness
and Growth Act.
And,
Senate Bill No. 728, Creating WV Commercial Patent Incentives
Tax Act.
And reports the same back with the recommendation that they
each do pass; but under the original double committee references
first be referred to the Committee on Finance.
Respectfully submitted,
Richard Browning,
Chair.
At the request of Senator Browning, unanimous consent being
granted, the bills (S. B. Nos. 727 and 728) contained in the
preceding report from the Committee on Economic Development were
each taken up for immediate consideration, read a first time,
ordered to second reading and, under the original double committee references, were then referred to the Committee on Finance.
Senator Browning, from the Committee on Economic Development,
submitted the following report, which was received:
Your Committee on Economic Development has had under
consideration
Senate Bill No. 730, Relating to Economic Development
Authority developing tourism project loans criteria.
And reports the same back with the recommendation that it do
pass; but under the original double committee reference first be
referred to the Committee on Finance.
Respectfully submitted,
Richard Browning,
Chair.
At the request of Senator Browning, unanimous consent being
granted, the bill (S. B. No. 730) contained in the preceding report
from the Committee on Economic Development was taken up for
immediate consideration, read a first time, ordered to second
reading and, under the original double committee reference, was
then referred to the Committee on Finance.
Senator Plymale, from the Committee on Education, submitted
the following report, which was received:
Your Committee on Education has had under consideration
Senate Bill No. 758, Creating WV Public Charter Schools Act of
2009.
And reports the same back with the recommendation that it do
pass; but under the original double committee reference first be
referred to the Committee on Finance.
Respectfully submitted,
Robert H. Plymale,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on Finance.
The Senate proceeded to the sixth order of business.
Senators Stollings, Oliverio, Plymale, Wells and Tomblin (Mr.
President) offered the following resolution:
Senate Concurrent Resolution No. 42--Requesting the Division
of Highways name the portion of highway beginning on State Route 17
at Man, Logan County, and continuing for 17 miles the "Buffalo
Creek Memorial Highway".
Whereas, On February 26, 1972, 125 people were killed, 1,121
out of a population of 5,000 were injured and over 4,000 were left
homeless when the Pittston Coal Company's coal slurry impoundment
dam #3 burst in Logan County, West Virginia; and
Whereas, Hundreds of homes, mobile homes and 30 businesses
were destroyed by the tragic event; and
Whereas, West Virginia State Route 17 has been reconstructed
since the "Buffalo Creek Flood" beginning at Man, Logan County,
West Virginia; and
Whereas, The memory of those who perished in the February 26,
1972, flood still lives in the hearts and minds of their families
and friends, the entire Logan County community and the State of
West Virginia and, thus, it is only fitting that this highway so
near the site of the tragic "Buffalo Creek Flood" be memorialized;
therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways
to name the portion of highway beginning on State Route 17 at Man,
Logan County, and continuing for 17 miles the "Buffalo Creek
Memorial Highway"; and, be it
Further Resolved, That the Division of Highways is hereby
requested to have made and be placed signs identifying the portion
of highway as the "Buffalo Creek Memorial Highway"; and, be it
Further Resolved, That the Clerk of the Senate is hereby
directed to forward a copy of this resolution to the Secretary of
the Department of Transportation, the County Commission of Logan
County and the Town of Man.
Which, under the rules, lies over one day.
Senators Sypolt, Minard and Williams offered the following
resolution:
Senate Concurrent Resolution No. 43--Requesting the Division
of Highways name bridge number 46-CR40-0.3 spanning Berkeley Run in
Grafton, West Virginia, the "Bearcat Bridge".
Whereas, The construction of the present Grafton High School
was finished in 1940 and the first graduating class held its
commencement ceremony at the same location; and
Whereas, All of those participating students have been
referred to as "Bearcats" in honor of the school mascot; and
Whereas, Grafton High School was constructed at the junction
of Berkeley Run and the Tygart Valley River and there is a bridge
spanning Berkeley Run beside Grafton High School that connects
Yates Avenue with Riverside Drive; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name
bridge number 46-CR40-0.3 spanning Berkeley Run in Grafton, West
Virginia, the "Bearcat 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 "Bearcat 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 Grafton High School, 400
Riverside Drive, Grafton, West Virginia.
Which, under the rules, lies over one day.
Senators Stollings and Plymale offered the following
resolution:
Senate Concurrent Resolution No. 44--Requesting the Division of Highways name West Virginia Route 3 near Racine in Boone County,
beginning at mile post 0.00 and ending on the Kanawha County line
at mile post 3.01, the "Barry Lutsy Memorial Highway".
Whereas, Barry Lutsy was a long-time member of the Racine
Volunteer Fire Department; and
Whereas, Barry Lutsy was married to his beloved wife, Debra,
with whom he shared the joy of having two children, Jeremy and
Justin; and
Whereas, Sadly, Barry Lutsy was killed in the line of duty on
August 13, 2003; and
Whereas, It is fitting to honor Barry Lutsy for his service
and sacrifice to his community by naming West Virginia Route 3 near
Racine in Boone County, beginning at mile post 0.00 and ending on
the Kanawha County line at mile post 3.01, the "Barry Lutsy
Memorial Highway"; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name West
Virginia Route 3 near Racine in Boone County, beginning at mile
post 0.00 and ending on the Kanawha County line at mile post 3.01,
the "Barry Lutsy Memorial Highway"; 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 "Barry Lutsy Memorial Highway"; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of
the Department of Transportation and to the family of Barry Lutsy.
Which, under the rules, lies over one day.
Senators Caruth and Unger offered the following resolution:
Senate Concurrent Resolution No. 45--Requesting the Joint
Committee on Government and Finance study the feasibility and
effect of designating that proceeds from fines assessed in criminal
cases go to county governments instead of the state government.
Whereas, Many counties are having financial difficulties
resulting from the significant burden of regional jail fees; and
Whereas, This financial burden would be eased if the proceeds
from fines assessed in criminal cases were returned to the county
in some form; and
Whereas, This matter should be studied from several
perspectives or scenarios, including:
(1) The Constitutional issues raised by Article XII, Section
5 and the possible amendment thereof;
(2) The fiscal impact to the state and counties of designating
that the proceeds from all criminal fines be returned to the
counties and not to the state;
(3) The fiscal impact to the state and counties of designating
that a certain percentage of the proceeds from criminal fines, from
25 percent to 75 percent, be returned to the counties; and
(4) The fiscal impact to the state and counties of designating that the proceeds from criminal fines only go to counties which are
in arrears in their regional cost payments; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study the feasibility and effect of designating that
proceeds from fines assessed in criminal cases go to county
governments instead of the state government; and, be it
Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 2010, on
its findings, conclusions and recommendations, together with drafts
of any legislation necessary to effectuate its recommendations;
and, be it
Further Resolved, That the expenses necessary to conduct this
study, to prepare a report and to draft necessary legislation be
paid from legislative appropriations to the Joint Committee on
Government and Finance.
Which, under the rules, lies over one day.
Senators D. Facemire, Oliverio, Plymale and Minard offered the
following resolution:
Senate Concurrent Resolution No. 46--Requesting the Division
of Highways name bridge number 04-19-3.68 (4198) on Route 19 that
crosses the Little Birch River in Braxton County, currently named
for Freddie Allen, the "Harold V. Long Memorial Bridge".
Whereas, Harold V. Long pursued the interests and values of his community by serving as a member of the West Virginia House of
Delegates from 1972 to 1976; and
Whereas, Harold V. Long was an upstanding businessman in
several endeavors, such as Product Distributors, Incorporated, a
company that sold gas, tires and other related products to truck
drivers. He also owned and operated convenience stores in Sutton
and was a member of West Virginia Oil Marketers Association; and
Whereas, Harold V. Long also served his community as a
volunteer firefighter; and
Whereas, Harold V. Long's productive life was tragically cut
short as he was killed in a plane crash in 2000; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name
bridge number 04-19-3.68 (4198) on Route 19 that crosses the Little
Birch River in Braxton County, currently named for Freddie Allen,
the "Harold V. Long 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 "Harold V. Long 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 Harold V. Long.
Which, under the rules, lies over one day.
Senators Stollings, Unger, Deem, Jenkins, Foster, Plymale, Minard, McCabe, Yost, Wells and Tomblin (Mr. President) offered the
following resolution:
Senate Resolution No. 41--Designating March 25, 2009, as "West
Virginia Automobile Dealership Day".
Whereas, There are over 176 car dealerships in the State of
West Virginia; and
Whereas, The role car dealerships play in our state's economy
is of vital importance to the growth and prosperity of our
citizens, as they employ 6,800 people; and
Whereas, The car dealerships of West Virginia are collectors
of approximately $2 million in Road Fund tax and contribute
hundreds of millions of dollars to the state revenue through sales,
payroll and corporate taxes; and
Whereas, The services car dealerships provide to our citizens
is of unique importance. Despite the strain of an economic
downturn and a decrease in the level of automobile manufacturing on
a national scale, state dealerships have remained strong and
contribute to the community on a local level; therefore, be it
Resolved by the Senate:
That the Senate hereby designates March 25, 2009, as "West
Virginia Automobile Dealership Day"; and, be it
Further Resolved, That the Senate recognizes the importance of
automobile dealers in the economic future of West Virginia; and, be
it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to the President of the West Virginia
Automobile and Truck Dealers Association.
At the request of Senator Stollings, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.
On motion of Senator Chafin, the Senate recessed for one
minute.
Upon expiration of the recess, the Senate reconvened and
resumed business under the sixth order.
Senators Caruth, Edgell, Oliverio and Plymale offered the
following resolution:
Senate Resolution No. 42--Congratulating the Summers County
High School Lady Bobcats basketball team for winning the 2009 Class
AA state championship.
Whereas, The 2009 Lady Bobcats basketball team consists of
players Emily Blevins, Kim Cox, Lauren Estes, Ashley Brown, Morgan
Gore, Leslie Mack, Albany Reed, Lashae Bonds, Candace Brown, Brooke
Edwards, Kirsten Trainum, Hallie Gunnoe, Hanna Gunnoe, Kelsie
Lively, Danielle Harmon, Keri Hudson, Jennifer Lilly and Megan
Morgan; and
Whereas, The Lady Bobcats are coached by head coach Wayne Ryan
and assistant coaches Doug Trail, Chad Meador, Laura Rollyson, Cris
Meadows and A. W. Ryan; and
Whereas, The Lady Bobcats had a dominant year, finishing with
a perfect record of 28-0 in route to winning their third
consecutive Class AA state championship; and
Whereas, The Lady Bobcats displayed their strong will and
determination for an entire season and will be remembered as one of
the best teams ever assembled in West Virginia girls' basketball
history; and
Whereas, The Lady Bobcats are a shining example of what can be
accomplished through teamwork, dedication and spirit; therefore, be
it
Resolved by the Senate:
That the Senate hereby congratulates the Summers County High
School Lady Bobcats basketball team for winning the 2009 Class AA
state championship; and, be it
Further Resolved, That the Senate commends each coach, team
member and staff member for their outstanding accomplishments; and,
be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution the Summers County High School Lady
Bobcats basketball team.
At the request of Senator Chafin, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.
On motion of Senator Chafin, the Senate recessed for one minute.
Upon expiration of the recess, the Senate reconvened and
resumed business under the sixth order.
Senators Kessler, Unger, Stollings, Snyder, Edgell, Jenkins,
Foster, Plymale, Minard, McCabe, Yost and Wells offered the
following resolution:
Senate Resolution No. 43--Recognizing the work of the West
Virginia Behavioral Healthcare Providers Association and the West
Virginia Association of Alcoholism and Drug Abuse Counselors in
providing for a safe, productive and healthy workforce for the
State Of West Virginia.
Whereas, One in five families in the State of West Virginia is
directly affected by addiction and approximately 160,000 West
Virginia citizens are dependent on alcohol or another drug; and
Whereas, Direct and indirect costs attributable to alcohol and
other drug use in West Virginia are $1.86 billion or $1,033 per
resident; and
Whereas, The Journal of American Medicine reported in January,
2009, that the rate of fatal overdose from opiate drugs in West
Virginia is more than twice that of the national average; and
Whereas, More than half of all of West Virginia's prison
inmates were under the influence of drugs or alcohol when they were
arrested; therefore, be it
Resolved by the Senate:
That the Senate hereby recognizes the work of the West
Virginia Behavioral Healthcare Providers Association and the West
Virginia Association of Alcoholism and Drug Abuse Counselors in
providing for a safe, productive and healthy workforce for the
State Of West Virginia; and, be it
Further Resolved, That the Senate hereby seeks to aid these
organizations in obtaining funding through the American Recovery
and Reinvestment Act of 2009 passed by the United States Congress
in February of this year; and, be it
Further Resolved, That the Clerk of the Senate is hereby
directed to forward a copy of this resolution to the Governor, the
Secretary of the Department of Health and Human Resources, the
Commissioner of the Division of Corrections, the Chairperson of the
West Virginia Behavioral Healthcare Providers Association's
Substance Abuse Committee and the President of the West Virginia
Association of Alcoholism and Drug Abuse Counselors.
At the request of Senator Stollings, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 17, Requesting Division of
Highways name bridge in Logan County "Marine Private Robert Clayton
Stephenson Memorial Bridge".
On unfinished business, coming up in regular order, was reported by the Clerk.
The question being on the adoption of the resolution, the same
was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Senate Concurrent Resolution No. 29, Requesting funding for
MARC commuter train service.
On unfinished business, coming up in regular order, was
reported by the Clerk.
The question being on the adoption of the resolution, the same
was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Senate Concurrent Resolution No. 32, Requesting Division of
Highways name bridge in Boone County "Brian Scott 'Scotty' Ulbrich
Memorial Bridge".
On unfinished business, coming up in regular order, was
reported by the Clerk.
The question being on the adoption of the resolution, the same
was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Senate Concurrent Resolution No. 39, Requesting Joint
Committee on Government and Finance study restrictions on graduated driver's license.
On unfinished business, coming up in regular order, was
reported by the Clerk.
On motion of Senator Chafin, the resolution was referred to
the Committee on Rules.
Senate Concurrent Resolution No. 40, Requesting Joint
Committee on Government and Finance study regulating motor carrier
industry.
On unfinished business, coming up in regular order, was
reported by the Clerk.
On motion of Senator Chafin, the resolution was referred to
the Committee on Rules.
Senate Concurrent Resolution No. 41, Requesting Joint
Committee on Government and Finance study regulating towing on
private property.
On unfinished business, coming up in regular order, was
reported by the Clerk.
On motion of Senator Chafin, the resolution was referred to
the Committee on Rules.
The Senate proceeded to the eighth order of business.
Eng. Com. Sub. for Senate Bill No. 57, Relating to certain
school coaches' requirements.
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, Caruth, Chafin, Deem, Edgell, D. Facemire,
Fanning, Foster, Green, Hall, Helmick, Jenkins, Kessler, Laird,
McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin
(Mr. President)--32.
The nays were: None.
Absent: K. Facemyer and Guills--2.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 57) 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 Com. Sub. for Senate Bill No. 249, Relating
to annual school calendar.
On third reading, coming up in regular order, was reported by
the Clerk.
On motion of Senator Chafin, further consideration of the bill
was made a special order of business following an anticipated
recess.
Eng. Com. Sub. for Senate Bill No. 293, Creating felony
offense of unauthorized practice of certain health care
professions.
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, Caruth, Chafin, Deem, Edgell, D. Facemire,
Fanning, Foster, Green, Hall, Helmick, Jenkins, Kessler, Laird,
McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin
(Mr. President)--32.
The nays were: None.
Absent: K. Facemyer and Guills--2.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 293) 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. 328, Creating WV
Transportation Finance Commission.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill,
the yeas were: Barnes, Boley,
Bowman, Browning, Chafin, Deem, Edgell, D. Facemire, Fanning,
Foster, Green, Hall, Helmick, Jenkins, Kessler, Laird, McCabe,
Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings,
Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr.
President)--31.
The nays were: Caruth--1.
Absent: K. Facemyer and Guills--2.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 328) 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. 379, Clarifying pharmacists
and pharmacies as health care providers.
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, Caruth, Chafin, Deem, Edgell, D. Facemire,
Fanning, Foster, Green, Hall, Helmick, Jenkins, Kessler, Laird,
McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin
(Mr. President)--32.
The nays were: None.
Absent: K. Facemyer and Guills--2.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 379) 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. 382, Adjusting State Rail
Authority's contract authority.
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, Caruth, Chafin, Deem, Edgell, D. Facemire,
Fanning, Foster, Green, Hall, Helmick, Jenkins, Kessler, Laird,
McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin
(Mr. President)--32.
The nays were: None.
Absent: K. Facemyer and Guills--2.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 382) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Com. Sub. for Senate Bill No. 404, Creating
sesquicentennial commission and fund.
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, Caruth, Chafin, Deem, Edgell, D. Facemire,
Fanning, Foster, Green, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin
(Mr. President)--32.
The nays were: None.
Absent: K. Facemyer and Guills--2.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for Com. Sub. for S. B. No. 404) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Boley, Bowman,
Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, Fanning,
Foster, Green, Hall, Helmick, Jenkins, Kessler, Laird, McCabe,
Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings,
Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr.
President)--32.
The nays were: None.
Absent: K. Facemyer and Guills--2.
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 Com. Sub. for S. B. No. 404) 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. 453, Relating to Public Service Commission service of decisions.
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, Caruth, Chafin, Deem, Edgell, D. Facemire,
Fanning, Foster, Green, Hall, Helmick, Jenkins, Kessler, Laird,
McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin
(Mr. President)--32.
The nays were: None.
Absent: K. Facemyer and Guills--2.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 453) 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. 493, Transferring central registry for
head injuries to Center for Excellence in Disabilities.
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, Caruth, Chafin, Deem, Edgell, D. Facemire,
Fanning, Foster, Green, Hall, Helmick, Jenkins, Kessler, Laird,
McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin
(Mr. President)--32.
The nays were: None.
Absent: K. Facemyer and Guills--2.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 493) 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. 535, Authorizing
municipalities and county commissions set closing time for certain
bars.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill,
the yeas were: Boley, Bowman,
Browning, Caruth, Chafin, Deem, Edgell, Fanning, Foster, Green,
Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio,
Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger,
Wells, White, Williams, Yost and Tomblin (Mr. President)--30.
The nays were: Barnes and D. Facemire--2.
Absent: K. Facemyer and Guills--2.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 535) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. House Bill No. 3083, Permitting blood donations by
persons age sixteen with parental consent.
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, Caruth, Chafin, Deem, Edgell, D. Facemire,
Fanning, Foster, Green, Hall, Helmick, Jenkins, Kessler, Laird,
McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin
(Mr. President)--32.
The nays were: None.
Absent: K. Facemyer and Guills--2.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 3083) passed.
On motion of Senator Kessler, the following amendment to the
title of the bill was reported by the Clerk and adopted:
Eng. House Bill No. 3083--A Bill
to amend and reenact §16-21-1
of the Code of West Virginia, 1931, as amended, relating to
donating blood by persons sixteen years of age with parental
consent.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
The Senate proceeded to the ninth order of business.
Com. Sub. for Senate Bill No. 153, Authorizing Department of
Environmental Protection 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. 425, Disclosing certain refinanced loan's
higher annual percentage rate.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 436, Updating terminology relating to surface
mining reporting requirements.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 581, Permitting certain minor blood donations
with parental consent.
On second reading, coming up in regular order, was reported by
the Clerk.
On motion of Senator Chafin, the bill was recommitted to the
Committee on the Judiciary.
Senate Bill No. 648, Requiring manual vote counting in certain
counties.
On second reading, coming up in regular order, was read a
second time.
On motion of Senator Barnes, the following amendment to the
bill was reported by the Clerk and adopted:
On page five, section twenty-eight, lines seventy-two through
seventy-four, by striking out the words "During the canvass the
county commission shall select a precinct and manually count the
voter-verified paper ballots." and inserting in lieu thereof the
following: In each county there shall be a manual count of the
voter-verified paper ballots cast in one precinct randomly selected
from all precincts by a lottery process conducted by each county
commission.
The bill (S. B. No. 648), as amended, was then ordered to
engrossment and third reading.
Com. Sub. for Senate Bill No. 650, Increasing penalties for
certain accessory after the fact crimes.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
The Senate proceeded to the tenth order of business.
Com. Sub. for Senate Bill No. 55, Limiting Social Security
number requirement in securing state services.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
Eng. Com. Sub. for House Bill No. 2795, Creating a special
hunting and fishing license for persons with a life-threatening
condition who are under twenty-one years of age.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
Pending announcement of meetings of standing committees of the
Senate, including a majority party caucus,
On motion of Senator Chafin, the Senate recess until 5 p.m.
today.
Upon expiration of the recess, the Senate reconvened.
The President then stated that the hour had arrived for the
special order of business, as to
Eng. Com. Sub. for Com. Sub. for Senate Bill No. 249, Relating
to annual school calendar.
On third reading, and now coming up as a special order, was
again reported by the Clerk.
At the request of Senator Plymale, unanimous consent was
granted to offer amendments to the bill on third reading.
Thereupon, on motion of Senator Plymale, the following
amendments to the bill were reported by the Clerk and considered
simultaneously:
On page eight, section forty-five, by striking out all of
subsection (d) and inserting in lieu thereof a new subsection (d),
to read as follows:
(d) The instructional term shall begin so that students will
receive two full weeks of instruction prior to Labor Day. The
Legislature finds that finishing the first semester before Christmas break is beneficial to the education of students.
Therefore, county boards are encouraged to schedule the first half
of the instructional term to terminate on or before December 23.;
On page nine, section forty-five, lines one hundred twenty-
five and one hundred twenty-six, by striking out the words
"occurring during the minimum two hundred-day employment term";
On pages fifteen and sixteen, section forty-five, by striking
out all of subsection (w) and inserting in lieu thereof the
following:
(w) If an instructional day is cancelled before 4:30 a.m.:
(1) Except for any essential school personnel as determined by
the county board and except for any school personnel whose normally
scheduled work hours begin before 4:30 a.m., employees shall not
report to work on that day;
(2) The day is not considered an instructional day;
(3) The day is considered an out-of-calendar day and is not
considered part of the minimum two hundred-day employment term;
(4)
The day shall be rescheduled as an instructional day on
any available noninstructional day if any noninstructional days are
available. If no noninstructional days are available, the day
shall be rescheduled as an instructional day and as a day to be
considered part of the minimum two hundred-day employment term on
a later day that was not originally scheduled to be part of the
minimum two hundred-day employment term
; and
(5) The school personnel who do not report to work on an
instructional day cancelled before 4:30 a.m. pursuant to this
subsection shall continue to be paid their normal rate of pay in
accordance with the established pay period schedule.
(x) The beginning and ending dates of the minimum two hundred-
day employment term may not exceed forty-three weeks.;
On page twenty-four, section five, after line one hundred
sixty-nine, by striking out the remainder of the bill;
And,
By striking out the enacting section and inserting in lieu
thereof a new enacting section, to read as follows:
That §18-5-45 of the Code of West Virginia, 1931, as amended,
be amended and reenacted; and that §18-5A-5 of said code be amended
and reenacted, all to read as follows:.
Following discussion,
The question being on the adoption of Senator Plymale's
amendments to the bill (Eng.
Com. Sub. for Com. Sub. for S. B. No.
249
), the same was put and prevailed.
The bill, as just amended, was again ordered to engrossment.
Engrossed
Committee Substitute for Committee Substitute for
Senate Bill No. 249
was then read a third time and put upon its
passage.
On the passage of the bill, the yeas were: Barnes, Boley,
Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, Fanning, Foster, Green, Hall, Helmick, Jenkins, Kessler, McCabe,
Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings,
Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr.
President)--31.
The nays were: Laird--1.
Absent: K. Facemyer and Guills--2.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for Com. Sub. for S. B. No. 249) passed.
On motion of Senator Plymale, the following amendment to the
title of the bill was reported by the Clerk and adopted:
Eng. Com. Sub. for Com. Sub. for Senate Bill No. 249--A Bill
to amend and reenact §18-5-45 of the Code of West Virginia, 1931,
as amended; and to amend and reenact §18-5A-5 of said code, all
relating to the annual school calendar; eliminating instructional
support and enhancement days; replacing the earliest starting date
and the latest ending date for the instructional term with the
requirement that the instructional term begins so that students
receive two full weeks of instruction prior to Labor Day;
encouraging the first half of the instructional term to end on or
before December 23; requiring at least three of certain
noninstructional days be scheduled prior to the beginning of the
instructional term; requiring all six out-of-school environment
days be scheduled after February 1; changing the earliest dates a county can use noninstructional days and accrued instructional time
to make up canceled instructional days; requiring uniform method of
cancellation notification; providing that certain cancelled
instructional days be considered out-of-calendar days and requiring
those days to be rescheduled; applying the forty-three week limit
on the beginning and ending dates of the minimum two hundred-day
employment term to professional personnel and service personnel;
and providing for faculty senate meetings during specified months.
Senator Chafin moved that the bill take effect July 1, 2009.
On this question, the yeas were: Barnes, Boley, Bowman,
Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, Fanning,
Foster, Green, Hall, Helmick, Jenkins, Kessler, McCabe, Minard,
Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt,
Unger, Wells, White, Williams, Yost and Tomblin (Mr.
President)--31.
The nays were: Laird--1.
Absent: K. Facemyer and Guills--2.
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 Com. Sub. for S. B. No. 249) takes effect July 1,
2009.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
The Senate proceeded to the eleventh order of business and the introduction of guests.
At the request of Senator Chafin, and by unanimous consent,
the Senate returned to the fourth order of business.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 56, Awarding National Board for Professional
Teaching Standards salary bonus to certain teachers.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 56 (originating in the Committee
on Finance)--A Bill to amend and reenact §18A-4-2a of the Code of
West Virginia, 1931, as amended, relating to the salary bonus for
National Board for Professional Teaching Standards certification;
providing an exception if the certification is renewed to the ten-
year limit for receiving the bonus; and providing that a classroom
teacher holding the certification who subsequently becomes employed
as a school principal, assistant school principal or in another
position in an instructional leadership capacity receives the
salary bonus.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Walt Helmick,
Chair.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Com. Sub. for Senate Bill No. 286 (originating in the
Committee on Banking and Insurance), Expanding prepaid limited
health service organizations services.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Com. Sub. for Senate Bill No. 286 (originating
in the Committee on Finance)--A Bill to amend and reenact §33-25D-2
and §33-25D-22 of the Code of West Virginia, 1931, as amended, all
relating to prepaid limited health service organizations; adding
dental, vision, pharmaceutical and podiatric services to those
services that may be offered by prepaid limited health service
organizations; and authorizing legislative rulemaking.
With the recommendation that the committee substitute for
committee substitute do pass.
Respectfully submitted,
Walt Helmick,
Chair.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 465, Clarifying certain Real Estate Division's powers.
And reports the same back with the recommendation that it do
pass; but under the original triple committee reference first be
referred to the Committee on Finance.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
The bill, under the original triple committee reference, was
then referred to the Committee on Finance.
Senator Green, from the Committee on Energy, Industry and
Mining, submitted the following report, which was received:
Your Committee on Energy, Industry and Mining has had under
consideration
Senate Bill No. 474, Modifying definitions of certain wells.
And reports the same back with the recommendation that it do
pass; but under the original double committee reference first be
referred to the Committee on the Judiciary.
Respectfully submitted,
Mike Green,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on the Judiciary.
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. 502, Relating to Geographical Information
System.
Senate Bill No. 726, Creating WV Service Members Civil Relief
Act.
Senate Bill No. 744, Relating to child custody plans for
National Guard or military reserve parents.
And,
Senate Bill No. 746, Prohibiting child custody plan
modification due to military service.
And reports the same back with the recommendation that they
each do pass; but under the original double committee references
first be referred to the Committee on the Judiciary.
Respectfully submitted,
Erik P. Wells,
Chair.
At the request of Senator Wells, unanimous consent being
granted, the bills (S. B. Nos. 502, 726, 744 and 746) contained in
the preceding report from the Committee on Military were each taken
up for immediate consideration, read a first time, ordered to
second reading and, under the original double committee references,
were then referred to the Committee on the Judiciary.
Senator Green, from the Committee on Energy, Industry and
Mining, submitted the following report, which was received:
Your Committee on Energy, Industry and Mining has had under
consideration
Senate Bill No. 564, Relating to Department of Environmental
Protection's final actions on coal mine permits.
And reports the same back with the recommendation that it do
pass; but under the original double committee reference first be
referred to the Committee on the Judiciary.
Respectfully submitted,
Mike Green,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on the Judiciary.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 605, Providing tax credit for certain coal
mine safety equipment purchase.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 605 (originating in the
Committee on the Judiciary)--A Bill
to amend and reenact §22A-1-4
of the Code of West Virginia, 1931, as amended; to amend and
reenact §22A-11-3 of said code; and to amend said code by adding
thereto a new article, designated §11-13AA-1, §11-13AA-2, §11-13AA-3, §11-13AA-4, §11-13AA-5, §11-13AA-6, §11-13AA-7, §11-13AA-8, §11-
13AA-9, §11-13AA-10, §11-13AA-11, §11-13AA-12, §11-13AA-13 and §11-
13AA-14, all relating to providing a tax credit for purchase of
innovative mine safety technology; specifying short title;
specifying legislative findings and purpose; specifying
definitions; specifying requirements for list of approved
innovative mine safety technology; specifying amount of tax credit
allowed; specifying criteria for qualified investment; specifying
forfeiture of unused tax credits; specifying treatment for transfer
of certified eligible safety property to successors; setting forth
requirements for identification of investment credit property;
prescribing treatment for failure to keep records of certified
eligible safety property; specifying tax credit review and
accountability requirements; specifying requirement for disclosure
of tax credits; authorizing issuance of rules; amending the duties
of the Director of the West Virginia Office of Miners' Health,
Safety and Training
; and amending the duties of the Mine Safety
Technology Task Force.
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 Kessler, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 605) contained in the
preceding report from the Committee on the Judiciary was taken up
for immediate consideration, read a first time, ordered to second
reading and, 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. 612, Relating to willful nonpayment of child
support.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 612 (originating in the
Committee on the Judiciary)--A Bill
to amend and reenact §61-5-29
of the Code of West Virginia, 1931, as amended, relating generally
to criminal enforcement for willful failure to pay child support.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 694, Creating intrastate mutual aid system.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 694 (originating in the
Committee on the Judiciary)--A Bill
to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §15-5-28, relating to mutual aid agreements;
establishing a statewide intrastate mutual aid system; setting
forth legislative findings; authorizing the Director of the
Division of Homeland Security and Emergency Management to propose
a statewide mutual aid agreement; establishing procedures to allow
local jurisdictions to elect not to participate; establishing
procedures to amend the mutual aid agreement; creating a Statewide
Mutual Aid Committee; and establishing procedures for comment for
changes to the agreement and the reenactment of the agreement.
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.
At the request of Senator Kessler, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 694) was taken up for
immediate consideration, read a first time and ordered to second
reading.
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. 756, Increasing military facilities security
guards' patrol areas.
And reports the same back with the recommendation that it do
pass; but under the original double committee reference first be
referred to the Committee on Government Organization.
Respectfully submitted,
Erik P. Wells,
Chair.
At the request of Senator Wells, unanimous consent being
granted, the bill (S. B. No. 756) contained in the preceding report
from the Committee on Military was taken up for immediate
consideration, read a first time, ordered to second reading and,
under the original double committee reference, was then referred to
the Committee on Government Organization.
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. 759 (originating in the Committee on
Military)--A Bill to amend and reenact §6-7-2a of the Code of West
Virginia, 1931, as amended, relating to increasing the salary of
the Adjutant General.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Erik P. Wells,
Chair.
On motion of Senator Wells, the bill (S. B. No. 759) contained
in the foregoing report from the Committee on Military 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. 760 (originating in the Committee on the
Judiciary)--A Bill
to amend the Code of West Virginia, 1931, as
amended, by adding thereto a new section, designated §62-12-28,
relating to authorizing the Supreme Court of Appeals to establish
up to five pre-trial release programs throughout the state
utilizing existing probation offices and day-report centers to
reduce jail population while ensuring public safety.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
Senator Wells, from the Committee on Military, submitted the
following report, which was received:
Your Committee on Military has had under consideration
Senate Concurrent Resolution No. 6, Requesting Joint Committee
on Government and Finance study veterans' issues.
And,
Senate Concurrent Resolution No. 7, Requesting colleges and
universities submit military- and veteran-friendly plans to Joint
Committee on Government and Finance.
And reports the same back with the recommendation that they
each be adopted; but under the original double committee references
first be referred to the Committee on Rules.
Respectfully submitted,
Erik P. Wells,
Chair.
The resolutions, under the original double committee
references, were then referred to the Committee on Rules.
Senator Wells, from the Committee on Military, submitted the
following report, which was received:
Your Committee on Military has had under consideration
Senate Concurrent Resolution No. 23, Requesting Division of
Veterans Affairs name state veterans cemetery "The Donel Kinnard
Veterans Cemetery".
And reports back a committee substitute for same as follows:
Com. Sub. for Senate Concurrent Resolution No. 23 (originating
in the Committee on Military)--
Requesting the Division of Veterans
Affairs name the West Virginia State Veterans Cemetery located in
Kanawha County "THE DONEL KINNARD VETERANS CEMETERY".
Whereas, Donel Kinnard was born on April 5, 1936, in Logan;
and
Whereas, Donel Kinnard was married to Rebecca McCann Kinnard;
and
Whereas, Donel Kinnard retired with 22 years in military
service, first in the United States Marine Corps and then in the
United States Navy, where he served with UDT and SEALS teams; and
Whereas, Donel Kinnard was a recipient of the Navy Cross (the
Navy's highest medal), seven Purple Hearts, the Bronze Star and
many other medals, commendations and citations; and
Whereas, Donel Kinnard was the past state commander of the
Veterans of Foreign Wars, past district commander of the VFW, past
post commander of the VFW and past president of the Hurricane Lions
Club; and
Whereas, Donel Kinnard was a member of the Legion of Valor,
Military Order of the Purple Heart, Veterans of Foreign Wars, American Legion, Disabled American Veterans, UDT-SEAL Association,
Fleet Reserve Association, Marine Corps League, Vietnam Veterans of
America and the Military Order of the Cootie; and
Whereas, Donel Kinnard played an instrumental role in
establishing a 120-bed, $32 million nursing facility in Clarksburg;
and
Whereas, Donel Kinnard served as chairman of the West Virginia
Veterans Council, chairman of the West Virginia Veterans Nursing
Home Committee and chairman of the West Virginia Veterans Cemetery;
and
Whereas, Donel Kinnard asked that his final resting place be
the West Virginia State Veterans Cemetery located in Kanawha
County; and
Whereas, Donel Kinnard died on February 14, 2009; therefore,
be it
Resolved by the Legislature of West Virginia:
That the Division of Veterans Affairs is hereby requested to
name the West Virginia State Veterans Cemetery located in Kanawha
County "THE DONEL KINNARD VETERANS CEMETERY"; and, be it
Further Resolved, That the Clerk of the Senate is hereby
directed to forward a copy of this resolution to the Director of
the Division of Veterans Affairs; the Secretary of Military Affairs
and Public Safety; Donel Kinnard's wife, Rebecca McCann Kinnard;
his daughter, Theresa Johnson of Austin, Texas; his son, Donel Kinnard and his wife Tammy Kinnard of Milford, Ohio; his son, Mike
Kinnard and his wife Lina Kinnard of Milton; his daughter, Melissa
Kay Cliver and her husband Tim Cliver of San Antonio, Texas; his
daughter, Petra Kresse and her husband Bob Kresse of Virginia
Beach, Virginia; his daughter, Kimberly Tapia and her husband Ted
Tapia of Longmont, Colorado; his stepson, Larry Stamm and his wife
Laurene Stamm of Mooresville, North Carolina; his stepson, Wade
Stamm of Huntersville, North Carolina; his stepdaughter, Alandra
Warner and her husband John Warner of Mooresville, North Carolina;
his stepson, Ryan Stamm and his wife Louisa Stamm of Cornelius,
North Carolina; his brother, Ben Kinnard of Wood River, Illinois;
his sister, Emma Robison of Palm Bay, Florida; and his sister, Lona
Hayes and her husband Pete Hayes of Milton.
With the recommendation that the committee substitute be
adopted.
Respectfully submitted,
Erik P. Wells,
Chair.
The Senate proceeded to the twelfth order of business.
Remarks were made by Senator Kessler.
Thereafter, at the request of Senator Bowman, and by unanimous
consent, the remarks by Senator Kessler were ordered printed in the
Appendix to the Journal.
The Senate proceeded to the thirteenth order of business.
At the request of Senator Fanning, unanimous consent being
granted, it was ordered that the Journal show had Senator Fanning
been present in the chamber on yesterday, Tuesday, March 24, 2009,
he would have voted "yea" on the passage of Engrossed Committee
Substitute for Senate Bill No. 244, Engrossed Senate Bill No. 399,
Engrossed Senate Bill No. 424, Engrossed Senate Bill No. 464,
Engrossed Senate Bill No. 468, Engrossed Committee Substitute for
Senate Bill No. 489, Engrossed Senate Bill No. 494 and Engrossed
Senate Bill No. 528.
On motion of Senator Chafin, leaves of absence for the day
were granted Senators K. Facemyer and Guills.
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Chafin, the Senate adjourned until
tomorrow, Thursday, March 26, 2009, at 11 a.m.
____________