sdj-43rd day
WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-NINTH LEGISLATURE
REGULAR SESSION, 2010
FORTY-THIRD DAY
____________
Charleston, W. Va., Wednesday, February 24, 2010
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by Pastor Sam Crites, Pennsboro Baptist
Church, Pennsboro, West Virginia.
Pending the reading of the Journal of Tuesday, February 23,
2010,
On motion of Senator Unger, 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. 4145--A Bill to amend the
Code of West Virginia, 1931, as amended, by adding thereto a new
section, designated §18B-4-9, relating to providing services and facilities to assist student veterans at state institutions of
higher education.
Referred to the Committee on Military; and then to the
Committee on Education.
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. 4299--A Bill
to amend and
reenact §5-16-22 of the Code of West Virginia, 1931, as amended,
relating to the West Virginia Public Employees Insurance Agency;
providing that retired employees who retire on or after July 1,
2010,
who have participated in the plan as active employees for
less than five years and who were employed by an employer that is
not participating in the Public Employees Insurance Agency
insurance program are responsible for the entire premium cost for
coverage
; providing an exception.
Referred to the Committee on Finance.
A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption of
House Concurrent Resolution No. 63--Requesting that a small
portion of Route 50 from mile marker 13 in Blueville to the Tygart
River Bridge at Fetterman, West Virginia be named the "John W. Blue
Memorial Highway".
Referred to the Committee on Transportation and
Infrastructure.
A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption of
House Concurrent Resolution No. 67--Requesting the Division of
Highways to name that portion of highway beginning on U.S. Route 50
at the Fetterman Bridge in Grafton, Taylor County, and continuing
to the Harrison County/Doddridge County line a "Purple Heart
Trail".
Referred to the Committee on Transportation and
Infrastructure.
The Senate proceeded to the fourth order of business.
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. 12, Relating to regional water and wastewater
authorities.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 12 (originating in the Committee
on Government Organization)--A Bill
to amend and reenact §16-13D-1,
§16-13D-2, §16-13D-
6, §16-13D-8 and §16-13D-15 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto
six new sections, designated §16-13D-10a, §16-13D-10b, §16-13D-
15a,
§16-13D-
15b, §16-13D-
15c and §16-13D-
15d; and to amend and reenact
§24-2-3 and §24-2-4b of said code, all relating to authorizing
regional water authorities, regional wastewater authorities and
regional water and wastewater authorities to provide for the joint
maintenance of its participating public agencies; authorizing
regional water authorities, regional wastewater authorities and
regional water and wastewater authorities to extend service to
unserved customers within its territory; establishing an ordinance
procedure for regional water authorities, regional wastewater
authorities and regional water and wastewater authorities; and
permitting regional water authorities, regional wastewater
authorities and regional water and wastewater authorities
to
purchase or merge with existing public service district to provide
water services.
Senate Bill No. 328, Relating to professional licensing boards
posting fee increase proposals.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 328 (originating in the
Committee on Government Organization)--A Bill
to amend and reenact
§30-1-6 of the Code of West Virginia, 1931, as amended, relating to
professional licensing boards; clarifying the manner of providing notice to licensees of proposed fee increases; requiring Social
Security numbers to be redacted on public copies; and updating
language.
And,
Senate Bill No. 600, Setting salary range for Lottery
Director.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 600 (originating in the
Committee on Government Organization)--A Bill
to amend and reenact
§6-7-2a of the Code of West Virginia, 1931, as amended, relating to
salaries of appointive state officers; setting a salary range for
the Lottery Director and the Adjutant General; and allowing the
Governor to determine the salary.
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,
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 Committee Substitute for Senate Bill
No. 12 contained in the foregoing report from the Committee on Government Organization.
At the request of Senator Bowman, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 12) was taken up for
immediate consideration, read a first time and ordered to second
reading.
At the request of Senator Bowman, and by unanimous consent,
the bills (Com. Sub. for S. B. Nos. 328 and 600) contained in the
preceding report from the Committee on Government Organization 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. 197, Authorizing State Police administer DNA
identification system.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 197 (originating in the
Committee on the Judiciary)--A Bill to amend and reenact §15-2B-3,
§15-2B-6, §15-2B-7, §15-2B-9, §15-2B-10 and §15-2B-12 of the Code
of West Virginia, 1931, as amended; and to amend said code by
adding thereto two new sections, designated §15-2B-15 and §15-2B-
16, all relating to DNA data collection generally; providing definitions; authorizing the West Virginia State Police to
administer DNA identification system; authorizing the West Virginia
State Police to enter into certain cooperative agreements;
requiring DNA sample be obtained upon conviction; identifying tests
to be performed on DNA samples; providing authority to maintain
samples; providing procedure for withdrawing and analyzing samples;
providing procedure for exchanging samples with others; providing
procedure for removing sample from database by expungement;
providing for destruction of samples; providing penalties; and
authorizing the West Virginia State Police to collect certain fees
for DNA testing.
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. 197) 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
Com. Sub. for Senate Bill No. 219 (originating in the
Committee on Government Organization), Relating to managing state
motor vehicle fleet.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Com. Sub. for Senate Bill No. 219 (originating
in the Committee on Finance)--A Bill to amend and reenact §5A-1-2
of the Code of West Virginia, 1931, as amended; and to amend and
reenact §5A-3-48 and §5A-3-49 of said code, all relating to the
management of motor vehicles and aircraft owned or possessed by the
state; authorizing the establishment of the Fleet Management Office
within the Department of Administration; authorizing the Secretary
of the Department of Administration to promulgate emergency rules;
and repealing certain exemptions to rules pertaining to vehicles
and aircraft owned or possessed by the state.
With the recommendation that the committee substitute for
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
Senate Bill No. 287, Authorizing DHHR promulgate legislative
rule relating to fees for services.
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 the Judiciary.
Respectfully submitted,
Walt Helmick,
Chair.
The bill, under the original triple committee reference, was
then referred to the Committee on the Judiciary.
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. 347, Creating WV Transportation Finance
Commission.
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 Bowman, unanimous consent being granted, the bill (S. B. No. 347) contained in the preceding report
from the Committee on Government Organization 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
Com. Sub. for Senate Bill No. 368, Authorizing excess Courtesy
Patrol funds be transferred to Tourism Promotion Fund.
Com. Sub. for Senate Bill No. 447, Providing certain nonstate
retirees responsible for PEIA costs.
And,
Com. Sub. for Senate Bill No. 449, Relating to PEIA
preexisting conditions limitations.
And reports the same back with the recommendation that they
each do pass.
Respectfully submitted,
Walt Helmick,
Chair.
Senator Unger, from the Committee on Transportation and
Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had
under consideration
Senate Bill No. 394, Authorizing DMV use certain program to
identify uninsured vehicles
.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 394 (originating in the
Committee on Transportation and Infrastructure)--A Bill to amend
and reenact §17A-3-3 of the Code of West Virginia, 1931, as
amended; to amend and reenact §17D-2A-1, §17D-2A-2, §17D-2A-3,
§17D-2A-6, §17D-2A-7 and §17A-2A-12 of said code; to amend said
code by adding thereto a new section, designated §17D-2A-6a; and to
amend said code by adding thereto a new section, designated §33-6-
31g, all relating to enforcement of the required security upon
motor vehicles; requiring insurance companies licensed to do
business in this state to cooperate with the Division of Motor
Vehicles or its agent by verifying evidence of insurance coverage;
authorizing the commissioner to establish a system for online real-
time insurance verification; and establishing administrative and
criminal penalties.
With the recommendation that the committee substitute do pass;
but under the original double committee reference first be referred
to the Committee on Banking and Insurance; and with the further
recommendation that it then be referred to the Committee on
Finance.
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. 394) 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
Banking and Insurance.
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, Exempting certain public employers and
employees from requirements of certain insurance provisions.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 450 (originating in the
Committee on Banking and Insurance)--A Bill
to amend and reenact
§5-16-22 of the Code of West Virginia, 1931, as amended, relating
to exempting certain employers and employees from the requirements
of the insurance provisions of chapter thirty-three of this code;
and providing exceptions.
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,
Joseph M. Minard,
Chair.
At the request of Senator Minard, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 450) 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 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. 463, Relating to public records management and
preservation.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 463 (originating in the
Committee on the Judiciary)--A Bill
to amend and reenact §5A-8-15
of the Code of West Virginia, 1931, as amended, relating to public
records management and preservation;
requiring county government
entities to offer records to the Director of the Section of
Archives and History of the Division of Culture and History prior to destroying or disposing of them; and allowing the allocation of
funds in the Public Records and Preservation Revenue Account for
grants to counties for records management, access and preservation
purposes in accordance with legislative rule
.
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. 463) 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. 480, Relating to public higher education
personnel.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 480 (originating in the Committee on Education)--A Bill
to repeal §18-23-4a of the Code of
West Virginia, 1931, as amended; to repeal §18B-8-3a of said code;
to repeal §18B-9-2a, §18B-9-5, §18B-9-7, §18B-9-8, §18B-9-9, §18B-
9-10 and §18B-9-12 of said code; to amend and reenact §5-6-4a of
said code; to amend and reenact §12-1-12d of said code; to amend
and reenact §18B-1-2 and §18B-1-6 of said code; to amend and
reenact §18B-1B-4 and §18B-1B-5 of said code; to amend and reenact
§18B-2A-3, §18B-2A-4 and §18B-2A-8 of said code; to amend and
reenact §18B-2B-3 of said code; to amend and reenact §18B-3-1,
§18B-3-3 and §18B-3-4 of said code; to amend said code by adding
thereto a new section, designated §18B-3C-7a; to amend and reenact
§18B-3C-8 of said code; to amend and reenact §18B-4-1 of said code;
to amend said code by adding thereto a new section, designated
§18B-4-2a; to amend and reenact §18B-5-9 of said code; to amend and
reenact §18B-7-1, §18B-7-2, §18B-7-3, §18B-7-4, §18B-7-5, §18B-7-6,
§18B-7-7, §18B-7-8, §18B-7-9, §18B-7-10, §18B-7-11 and §18B-7-12 of
said code; to amend said code by adding thereto four new sections,
designated §18B-7-13, §18B-7-14, §18B-7-15 and §18B-7-16; to amend
and reenact §18B-8-1, §18B-8-3, §18B-8-4, §18B-8-5 and §18B-8-6 of
said code; to amend said code by adding thereto a new section,
designated §18B-8-2; to amend and reenact §18B-9-1, §18B-9-2, §18B-
9-3 and §18B-9-4 of said code; to amend said code by adding thereto
a new article, designated §18B-9A-1, §18B-9A-2, §18B-9A-3,
§18B-9A-4, §18B-9A-5, §18B-9A-6, §18B-9A-7 and §18B-9A-8; to amend and reenact §18B-10-1 of said code; and to amend and reenact §18B-
12-1, §18B-12-2, §18B-12-3 and §18B-12-6 of said code, all relating
to public higher education personnel generally; state organizations
of higher education;
public higher education governance; research
corporations; reviewing certain real property contracts; repealing
sunset provision for pilot investment program for Marshall
University and West Virginia University;
specifying and clarifying
rule-making procedures;
specifying certain powers and duties of
certain higher education organizations;
establishing classification
and compensation for certain employees; specifying powers and
duties; providing legislative purposes and intent; providing
certain definitions; requiring creation of certain professional
staff positions; setting forth minimum qualifications and
specifying duties; requiring organization rulemaking; specifying
applicability of certain statutes and rules and providing certain
exceptions; setting forth relationships among certain higher
education organizations; designating names and locations for
certain state institutions of higher education; authorizing certain
supplemental retirement, health and welfare benefit plans for
certain employees; providing for certain employer and employee
matches; authorizing employee payroll deductions; requiring
establishment of continuing education and professional development
programs for certain employees; setting forth certain employment
practices; requiring certain periodic reports; specifying data to be included in reports and designating report due dates; providing
certain exceptions to report due dates; requiring periodic audits
of human resources functions at certain higher education
organizations; setting forth purposes of audits; specifying audit
criteria and designating completion dates; requiring prior notice
of audits and setting forth certain exceptions; authorizing
compensatory time off for certain employees in certain instances;
setting forth conditions; defining "nonclassified" employees;
limiting percentage of employees designated as "nonclassified";
establishing formula for calculating percentage; providing
effective date for meeting percentage limits and requiring
compliance reports; authorizing certain employment by mutual
agreement; setting forth terms, conditions and applicability of
agreements; requiring probationary period for certain employees;
authorizing catastrophic leave banks and leave transfer for certain
employees; setting forth terms and conditions for participation;
codifying certain current practices; authorizing merit salary
increases for certain employees under certain conditions; requiring
study of certain employment practices; requiring report and
specifying data and report due date; requiring faculty salary rules
and providing for salary increases in certain instances;
authorizing sabbatical leaves for certain professional personnel;
specifying terms and conditions for participation; maintaining
certain rights and benefits during leaves of absences under certain circumstances; requiring definition of certain terms; requiring
notice of employment decisions to probationary faculty members by
certain date and providing for hearings in certain instances;
stating legislative intent regarding funding for certain employee
salary schedules; specifying applicability of certain statutes,
establishing certain terms and conditions and providing certain
exceptions; providing formulas for making certain salary
calculations; requiring certification of certain higher education
organizations relating to certain salary funding requirements;
specifying applicability of certain rules; requiring review and
approval process for certain rules and specifying responsibilities
of certain professional personnel relating to rulemaking; providing
short title designation; requiring maintenance of uniform job
classification system; establishing job classification committee
and specifying membership, organization and powers and duties;
assigning certain other powers and duties relating to job
classification; establishing compensation planning and review
committee and specifying membership, organization and powers and
duties; requiring establishment of market salary structures and
minimum salary schedules, requiring periodic updates and specifying
certain other related powers and duties; requiring periodic market
salary studies and specifying application of study findings;
requiring certain salary comparisons and establishing limit on
variations of average salaries among employee classes; specifying authority and duty of Higher Education Policy Commission and
Council for Community and Technical College Education over
classification and compensation system; requiring promulgation of
certain personnel rules by certain date; authorizing emergency
rules with prior approval; establishing parameters for rules;
defining "major deficiencies" in human resources functions;
specifying mechanisms for correcting identified deficiencies and
requiring and authorizing certain sanctions in certain instances;
providing for hearing employee appeals; requiring employee
performance evaluations; requiring certain training for supervisory
personnel; establishing terms and conditions for exercising certain
operational flexibilities for certain governing boards;
establishing certain goals for implementing certain statutes and
rules; fixing certain implementation responsibilities;
providing
for review and approval of certain academic programs, degrees and
capital budgets; providing for review of operating budgets;
providing a procedure to extend certain powers and duties to
certain governing boards; extending certain purchasing authority to
certain governing boards with prior approval; providing for review
and approval of governing boards' requests for tuition and fee
increases greater than set amounts; removing caps on increases in
tuition and fees; authorizing research and development agreements
between governing boards of state institutions of higher education
and certain corporations; providing legislative findings and purpose related to research corporations; providing certain
definitions; setting forth essential criteria for research
corporations; specifying corporation membership, organization and
financial requirements; conforming research corporation reporting
provisions to federal law
; making technical corrections; and
deleting obsolete language.
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,
Robert H. Plymale,
Chair.
At the request of Senator Plymale, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 480) 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 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
Com. Sub. for Senate Bill No. 483, Authorizing HMOs offer
point of service option.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Joseph M. Minard,
Chair.
At the request of Senator Minard, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 483) contained in the
preceding report from the Committee on Banking and Insurance 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. 494, Providing fiduciary commissioner
oversight.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 494 (originating in the
Committee on the Judiciary)--A Bill
to amend and reenact §44-3-1 of
the Code of West Virginia, 1931, as amended; and to amend and
reenact §44-3A-35 of said code, all relating to administration of
estates; responsibilities, reports and duties of fiduciary
commissioners; duties of county clerks; and providing for oversight of fiduciary commissioners by county clerks and county commissions.
With the recommendation that the committee substitute do pass.
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. 521, Transferring certain professional
bondsmen oversight from Supreme Court to Insurance Commissioner.
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. 521) 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 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, Clarifying definition of "charitable
raffle".
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 577 (originating in the
Committee on the Judiciary)--A Bill
to amend and reenact §47-21-2
and §47-21-20 of the Code of West Virginia, 1931, as amended, all
relating to raffles; clarifying the definition of "raffle";
providing for criminal and civil penalties, license suspension and
revocation; and authorizing forfeiture and destruction of property.
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. 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 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. 580, Providing full-time nursing educators
certain tax credit.
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. 580) 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 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. 583, Updating references to the Information
Services and Communications Division.
Senate Bill No. 584, Relating to Center for Nursing's data
collection policy.
And,
Senate Bill No. 604, Extending mental hygiene procedures'
sunset provision.
And reports the same back with the recommendation that they
each do pass.
Respectfully submitted,
Edwin J. Bowman,
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. 585, Relating to release requirements for
liens.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 585 (originating in the
Committee on Banking and Insurance)--A Bill
to amend and reenact
§38-12-1 of the Code of West Virginia, 1931, as amended, all
relating to requiring lienholders to record a release in the county
clerk's office within sixty days after the lien has been satisfied.
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,
Joseph M. Minard,
Chair.
At the request of Senator Minard, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 585) 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 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. 594, Relating to powers, duties and
responsibilities of Water Development Authority.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 594 (originating in the
Committee on Economic Development)--A Bill
to amend and reenact
§22C-1-6 of the Code of West Virginia, 1931, as amended, relating
to the appointment of individuals and employees of the Water
Development Authority outside the state civil service system; permitting the authority to fix the compensation of said
individuals and employees; and providing that the removal of
certain individuals and employees is at the discretion of the
authority.
With the recommendation that the committee substitute do pass;
but under the original double committee reference first be referred
to the Committee on Government Organization.
Respectfully submitted,
Richard Browning,
Chair.
At the request of Senator Browning, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 594) 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 Government Organization.
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, Extending vesting period for subdivision
and land development plans.
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 Plymale, from the Committee on Education, submitted
the following report, which was received:
Your Committee on Education has had under consideration
Senate Bill No. 612, Authorizing Governor certify certain
capital improvement projects' lists.
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.
At the request of Senator Plymale, unanimous consent being
granted, the bill (S. B. No. 612) 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 Finance.
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. 621, Allowing certain permit limits for
dischargers located upstream of public water intakes.
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,
Edwin J. Bowman,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on the Judiciary.
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. 633, Depositing public funds into certain
federally insured accounts.
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,
Joseph M. Minard,
Chair.
At the request of Senator Minard, unanimous consent being
granted, the bill (S. B. No. 633) 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 Finance.
Senator Prezioso, from the Committee on Health and Human
Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under
consideration
Senate Bill No. 657, Creating WV Traumatic Brain Injury Act.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 657 (originating in the
Committee on Health and Human Resources)--A Bill
to repeal
§18-10K-1, §18-10K-2, §18-10K-3, §18-10K-4, §18-10K-5 and §18-10K-6
of the Code of West Virginia, 1931, as amended; to amend and
reenact §7-14E-2 of said code; to amend said code by adding thereto
a new article, designated §16-43-1, §16-43-2 and §16-43-3; to amend
and reenact §50-3-2b of said code; and to amend and reenact
§59-1-11a of said code, all relating to the creation of programs
for the treatment of traumatic brain injury; creating a special
revenue fund; assessing fees for specified activities; directing
those fees to the fund; authorizing the state Medicaid agency to
apply for a home- and community-based waiver to serve eligible
individuals; and authorizing the Bureau of Behavioral Health and Health Facilities to create and administer a state program for
eligible individuals.
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,
Roman W. Prezioso, Jr.,
Chair.
At the request of Senator Prezioso, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 657) 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 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. 661, Providing funds for TechConnectWV.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 661 (originating in the
Committee on Economic Development)--A Bill
to amend the Code of
West Virginia, 1931, as amended, by adding thereto a new article, designated §5B-8-1, §5B-8-2, §5B-8-3 and §5B-8-4, all relating to
providing funds for TechConnectWV that will enable it to begin the
process of technology-based economic development in West Virginia;
providing benchmarks in order to qualify for future funding; and
providing for reporting to the Governor and the Joint Committee on
Government and Finance by TechConnectWV in order to determine
whether such benchmarks have been reached.
With the recommendation that the committee substitute do pass;
but under the original double committee reference first be referred
to the Committee on Finance.
Respectfully submitted,
Richard Browning,
Chair.
At the request of Senator Browning, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 661) 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. 686, Relating to public charter schools.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended; but under the original double committee reference
first be referred to the Committee on Finance.
Respectfully submitted,
Robert H. Plymale,
Chair.
At the request of Senator Plymale, unanimous consent being
granted, the bill (S. B. No. 686) 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 Finance, with amendments from the Committee on
Education pending.
Senator Unger, from the Committee on Transportation and
Insurance, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had
under consideration
Senate Concurrent Resolution No. 40 (originating in the
Committee on Transportation and Infrastructure)--
Requesting the
Joint Committee on Government and Finance study issues related to
the operation and maintenance of West Virginia's state road and
highway system related to snow removal and ice control, operations
associated with responding to inclement weather events and
emergencies and established quota levels pertaining to personnel, equipment and materials for road repair and maintenance.
Whereas, The West Virginia Division of Highways has been given
statutory authority for the planning, design, construction,
operation and maintenance of West Virginia's state road and highway
system; and
Whereas, The Division of Highways' mission is to protect
public safety and preserve its highway system by maintaining and
repairing the system and responding to inclement weather related
events and emergencies so travelers and goods reach their
destination safely and efficiently; and
Whereas, A key component of the maintenance of state highways
is the control of snow and ice; and
Whereas, Snow removal and ice control should be performed in
order to facilitate the movement and safety of public traffic and
should be done in accordance with best management practices; and
Whereas, Division of Highways uses snow plows, motor graders,
deicing salt and abrasives to clear and treat the roadway pavement;
and
Whereas, Division of Highways has established quotas and set
budgets for equipment and personnel to deliver operational services
related to snow removal and ice control within its county and
expressway maintenance organizations; and
Whereas, The control of snow and ice on West Virginia's roads
and highways involves balancing the needs of the traveling public, traffic and personal safety and the pavement wear and ride
deterioration together with limited moneys and resources available
to the Division of Highways; and
Whereas, The Division of Highways should be continually
searching for materials, resources, equipment, personnel and
improved operational practices to lessen the effects of inclement
weather; and
Whereas, A renewed state commitment to funding West Virginia's
road and highway infrastructure is necessary as well as a renewed
interest in addressing the enormity of the transportation
infrastructure system crisis created by inadequate federal and
state funds, lack of personnel and equipment together with
operational practices that don't employ best management practices;
and
Whereas, Without adequate infrastructure to efficiently and
safely move people and goods, the state's traffic and economic
development will cease; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study issues related to the operation and maintenance
of West Virginia's state road and highway system related to snow
removal and ice control and operations associated with responding
to inclement weather events and emergencies; and, be it
Further Resolved, That the Joint Committee on Government and Finance review the Division of Highways' established quota levels
pertaining to personnel, equipment and materials for road
maintenance and repair including, but not be limited to, snow
removal, ice control, repair and patching of damaged roads, mowing
and all other routine road maintenance; and, be it
Further Resolved, That the Joint Committee on Government and
Finance study the costs associated with repairing and paving roads
and highways damaged from snow removal and ice control, especially
damage caused by recent winter storms, together with identifying
federal and state funds adequate to immediately repair and patch
the damaged roads; and, be it
Further Resolved, That the Joint Committee on Government and
Finance review the priorities given to improving the state's roads
and highways together with identifying federal and state funds to
adequately achieve those priorities; and, be it
Further Resolved, That the Joint Committee on Government and
Finance seek input from the Division of Highways, State Police,
National Guard, as well as weather service providers, as to how
snow removal and ice control services may be more efficiently
provided during inclement weather events and emergencies; and, be
it
Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 2011, 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.
And reports the same back with the recommendation that it be
adopted.
Respectfully submitted,
John R. Unger II,
Chair.
On motion of Senator Chafin, the resolution (S. C. R. No. 40)
contained in the foregoing report from the Committee on
Transportation and Infrastructure was then referred to the
Committee on Rules.
Senator Plymale, from the Committee on Education, submitted
the following report, which was received:
Your Committee on Education has had under consideration
Senate Concurrent Resolution No. 41 (originating in the
Committee on Education)--
Authorizing the issuance of revenue bonds
payable from the State Excess Lottery Revenue Fund to provide new
capital improvements, consisting of facilities, buildings and
structures for state colleges and universities.
Whereas,
Section eighteen-a, article twenty-two, chapter twenty-nine of the Code of West Virginia, 1931, as amended,
provides for the allocation and appropriation of state excess
lottery revenues; and
Whereas, The West Virginia Higher Education Policy Commission
is a governmental instrumentality of the State of West Virginia
empowered and authorized to issue bonds by sections one and eight,
article ten, chapter eighteen-b of the Code of West Virginia, 1931,
as amended; and
Whereas, In accordance with the provisions of section
eighteen-a, article twenty-two, chapter twenty-nine of the Code of
West Virginia, 1931, as amended, a special revenue fund within the
State Lottery Fund in the State Treasury was established and is
known as the State Excess Lottery Revenue Fund. From this fund the
State Lottery Commission is to deposit $15 million annually to the
Higher Education Improvement Fund for Higher Education; and
Whereas, In accordance with section eighteen-a, article
twenty-two, chapter twenty-nine of the Code of West Virginia, 1931,
as amended, the adoption of a concurrent resolution by the
Legislature authorizes the issuance of bonds and payment of debt
service on the bonds from the Higher Education Improvement Fund for
Higher Education. The bonds may be issued by the Higher Education
Policy Commission, payable from the Higher Education Improvement
Fund for Higher Education and as may be authorized by the Higher
Education Policy Commission, from revenues pledged from required educational and general capital fees. The Lottery Commission shall
deposit into the Higher Education Improvement Fund for Higher
Education, created pursuant to said section, the sum of $15 million
in each fiscal year to be used to pay debt service on the revenue
bonds issued by the Higher Education Policy Commission to finance
improvements for state colleges and universities. The revenues
pledged for the repayment of principal and interest of these bonds
may also include required educational and general capital fees
authorized by sections one and eight, article ten, chapter
eighteen-b of said code; and
Whereas, Every issue of the Higher Education Policy
Commission's bonds shall be special obligations of the Higher
Education Policy Commission, payable solely from the educational
and general capital fees, the State Excess Lottery Revenue Fund and
such other sources as may be authorized by the Higher Education
Policy Commission; and
Whereas, The bonds shall be authorized by resolution of the
Higher Education Policy Commission, shall bear the date, shall
mature at time or times, not exceeding 30 years from the date of
issue, and shall bear such rate or rates of interest as the
resolution may provide; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby authorizes the issuance of revenue
bonds payable from the State Excess Lottery Revenue Fund to provide new capital improvements, consisting of facilities, buildings and
structures for state colleges and universities; and, be it
Further Resolved, That the Higher Education Policy Commission
may pledge for the repayment of principal and interest of revenue
bonds issued pursuant to sections one and eight, article ten,
chapter eighteen-b of the Code of West Virginia, 1931, as amended,
the revenues in the Higher Education Improvement Fund for Higher
Education authorized by section eighteen-a, article twenty-two,
chapter twenty-nine of said code and other revenues as may be
authorized by the Higher Education Policy Commission. The revenues
pledged for the repayment of principal and interest of such bonds
may also include educational and general capital fees authorized by
sections one and eight, article ten, chapter eighteen-b of said
code; and, be it
Further Resolved, That every issue of its bonds shall be
special obligations of the Higher Education Policy Commission,
payable solely from the educational and general capital fees or
other sources available to the Higher Education Policy Commission
which are pledged therefor, including the Higher Education
Improvement Fund for Higher Education; and, be it
Further Resolved, That, upon resolution of the Higher
Education Policy Commission, the funds deposited into the Higher
Education Improvement Fund for higher education shall be deposited
into the special Capital Improvement Fund created under section eight, article ten, chapter eighteen-b of the Code of West
Virginia, 1931, as amended, and used to pay debt service on bonds
authorized to be issued pursuant to this resolution and any funds
not so applied may be used by the Higher Education Policy
Commission only to make capital improvements at state colleges and
universities; and, be it
Further Resolved, That the Clerk of the Senate is hereby
directed to forward a copy of this resolution to the Governor and
the Higher Education Policy Commission.
And reports the same back with the recommendation that it be
adopted; but with the further recommendation that it first be
referred to the Committee on Finance.
Respectfully submitted,
Robert H. Plymale,
Chair.
On motion of Senator Plymale, the resolution (S. C. R. No. 41)
contained in the foregoing report from the Committee on Education
was 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
Eng. Com. Sub. for House Bill No. 4128, Relating to insurance
companies deemed to be in hazardous financial condition.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Joseph M. Minard,
Chair.
The Senate proceeded to the sixth order of business.
Senators Unger, Snyder, Hall, Kessler, McCabe and Plymale
offered the following resolution:
Senate Resolution No. 39--"Commemorating the City of Ranson's
Centennial".
Whereas, The City of Ranson, West Virginia, was formed on
October 18, 1910, and is celebrating its centennial in 2010; and
Whereas, In May 1890, the Charles Town Mining, Manufacturing
& Improvement Company was founded by Roger Preston Chew, a
Lieutenant Colonel in the confederate artillery under General
J.E.B. Stuart during the Civil War and former member of the West
Virginia Legislature from 1884 to 1890, with the intention of
making Charles Town the hub of industrial activity in Jefferson
County, West Virginia; and
Whereas, The Charles Town Mining, Manufacturing & Improvement
Company purchased 850 acres adjoining the western and northern
corporate limits of Charles Town. The largest tract of this land
was purchased from the Ranson family. The principle property
owner, James Matthew Ranson Jr. was born in Jefferson County in 1858 and was a farmer in the Charles Town district in the late
nineteenth century. After the family's namesake, the new community
was called Ranson and grew around the Belt Railroad, which bisected
the area from east to west. The Belt Railroad was a spur between
the Norfolk and West Railroad and the Valley of Virginia Branch of
the Ohio Railroad; and
Whereas, A Virginia Free Press news release dated February 18,
1891, reported that the Charles Town Mining, Manufacturing &
Improvement Company had named and laid out planned streets and
avenues for its planned community and started to sell parcels of
land for development of commercial and residential properties;
Whereas, The new Ranson industrial community grew around the
bustling railroads of the late 1890's and early 1900's. Several
industrial factories were located in the area, including the A. D.
Goetz Company, which produced harnesses, collars, and saddler;
Shenandoah Brass and Iron Works; the Elmer E. Beachly Saw and
Planing Mill; the Vulcan Road Machine Company; the Shenandoah Brass
and Iron Works (later named Powhatan Brass and Iron Works); and
Hotel Powhatan; and
Whereas, In 1910, the residents in the Ranson community
decided to form their own town which encompassed the original 850
acres of land purchased by Charles Town Mining, Manufacturing &
Improvement Company. On October 15, 1910, by a vote of 69 to 2,
Ranson incorporated and three days later, on October 18, 1910, Ranson officially became a separate town;
Whereas, The City of Ranson has steadily grown over the last
100 years in terms of population, land mass and commercial and
residential development. With the construction and opening of
Jefferson Memorial Hospital on October 3, 1948, Ranson began to
develop a medical community with many doctors opening offices in
and around the hospital. The facility continues to serve the
residents of Ranson and Jefferson County. Comparable to the boom
in the late 1890's, the City of Ranson experienced a growth spurt
in the 2000's with the addition of approximately 5,000 acres to the
City limits, residential subdivisions and housing opportunities,
and large-scale commercial development serving the needs of Ranson
and surrounding areas; and
Whereas, As in its beginning, Ranson continues to host and
welcome individuals, business and industry to the community.
Today, Ranson is transitioning from a small industrial town, which
boomed in the late 19th Century, to a modern full-service City and
economic engine within the region that blends major corporations
with quiet residential neighborhoods and a developing commercial
district; therefore, be it
Resolved by the Senate:
That the Senate hereby commemorates the City of Ranson's
Centennial; and, be it
Further Resolved, That the Senate extends its congratulations to the City of Ranson on its centennial, which is officially
October 18, 2010, and for its 100 years of progress and service to
the citizens of Ranson, Jefferson County, and to the state of West
Virginia; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to A. David Hamill, Mayor of the city of
Ranson.
At the request of Senator Unger, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.
The Senate proceeded to the seventh order of business.
The President then stated that the hour had arrived for the
special order of business, as to
Senate Resolution No. 21, Honoring Donald Spence for
dedication to education.
On unfinished business, coming up as a special order, was
reported by the Clerk.
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.
The special order of business having been concluded,
On motion of Senator Chafin, the Senate recessed for one
minute.
Upon expiration of the recess, the Senate reconvened and resumed business under the seventh order.
Senate Concurrent Resolution No. 34, Requesting DOH name
bridge in Wayne County "Perdue Brothers Memorial Bridge WWII Vets
Walter, Riley, James, Norman, Omer, Earl".
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on
Transportation and Infrastructure.
Senate Concurrent Resolution No. 35, Requesting DOH name
bridge in Mingo County "Virgil and Marcella Faye Marcum Memorial
Bridge".
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on
Transportation and Infrastructure.
Senate Concurrent Resolution No. 36, Requesting DOH name
bridge in Boone County "Kevin Lee Ball Memorial Bridge".
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on
Transportation and Infrastructure.
Senate Concurrent Resolution No. 37, Requesting Joint
Committee on Government and Finance study DOH's county highway
allocation formula for resources and money.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on Finance; and
then to the Committee on Rules.
Senate Concurrent Resolution No. 38, Requesting Joint
Committee on Government and Finance study alternative fuels and
vehicular energy consumption.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on
Transportation and Infrastructure; and then to the Committee on
Rules.
Senate Concurrent Resolution No. 39, Requesting Joint
Committee on Government and Finance study tobacco-related tax uses.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on Finance; and
then to the Committee on Rules.
At the request of Senator Chafin, and by unanimous consent,
the Senate returned to the sixth order of business, which agenda
includes the making of main motions.
On motion of Senator Chafin, the Senate requested the return
from the House of Delegates of
Eng. Com. Sub. for Senate Bill No. 473, Authorizing
conservation officers conduct boat safety checks
.
Passed by the Senate on yesterday, Tuesday, February 23, 2010,
The bill now being in the possession of the Senate,
On motion of Senator Chafin, the Senate reconsidered the vote
as to the passage of the bill.
The vote thereon having been reconsidered,
On motion of Senator Chafin, the bill was rereferred to the
Committee on Natural Resources.
The Senate proceeded to the eighth order of business.
Eng. Senate Bill No. 41, Relating to community enhancement
districts.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill,
the yeas were: Barnes, Boley,
Bowman, Browning, Chafin, Deem, Edgell, D. Facemire, K. Facemyer,
Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler,
Laird, McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin
(Mr. President)--32.
The nays were: None.
Absent: Caruth and Oliverio--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. 41) 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. 42, Revising Municipal Economic
Opportunity Development District Act.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Boley,
Bowman, Browning, Chafin, Deem, Edgell, D. Facemire, K. Facemyer,
Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler,
Laird, McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin
(Mr. President)--32.
The nays were: None.
Absent: Caruth and Oliverio--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. 42) 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. 120, Requiring certain
students provide dental exam proof.
On third reading, coming up in regular order, was reported by
the Clerk.
At the request of Senator Barnes, unanimous consent being
granted, the bill was laid over one day, retaining its place on the
calendar.
Eng. Senate Bill No. 128, Relating to Smart 529 college
savings plan.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Boley,
Bowman, Browning, Chafin, Deem, Edgell, D. Facemire, K. Facemyer,
Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler,
Laird, McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin
(Mr. President)--32.
The nays were: None.
Absent: Caruth and Oliverio--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. 128) 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. 232, Transferring certain
requirements for redeeming delinquent land sales from county clerks
to State Auditor.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill,
the yeas were: Barnes, Boley,
Bowman, Browning, Chafin, Deem, Edgell, D. Facemire, K. Facemyer,
Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler,
Laird, McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin
(Mr. President)--32.
The nays were: None.
Absent: Caruth and Oliverio--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. 232) 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. 237, Authorizing issuance of revenue
bonds for public projects.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill,
the yeas were: Barnes, Boley,
Bowman, Browning, Chafin, Deem, Edgell, D. Facemire, K. Facemyer,
Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler,
Laird, McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin
(Mr. President)--32.
The nays were: None.
Absent: Caruth and Oliverio--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. 237) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Boley, Bowman, Browning, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning,
Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird,
McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder, Stollings,
Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr.
President)--32.
The nays were: None.
Absent: Caruth and Oliverio--2.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 237) 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. 345, Requiring
telecommunications tax study.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill,
the yeas were: Barnes, Boley,
Bowman, Browning, Chafin, Deem, Edgell, D. Facemire, K. Facemyer,
Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler,
Laird, McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin
(Mr. President)--32.
The nays were: None.
Absent: Caruth and Oliverio--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. 345) 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. 349,
Requiring child care centers have written evacuation plan.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill,
the yeas were: Barnes, Boley,
Bowman, Browning, Chafin, Deem, Edgell, D. Facemire, K. Facemyer,
Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler,
Laird, McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin
(Mr. President)--32.
The nays were: None.
Absent: Caruth and Oliverio--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. 349) 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. 352, Creating WV Community
Empowerment Transportation Act.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill,
the yeas were: Barnes, Boley,
Bowman, Browning, Chafin, Deem, Edgell, D. Facemire, K. Facemyer,
Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler,
Laird, McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin
(Mr. President)--32.
The nays were: None.
Absent: Caruth and Oliverio--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. 352) 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. 390, Clarifying court assesses private
investigative and security services regulations violation
penalties.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill,
the yeas were: Barnes, Boley,
Bowman, Browning, Chafin, Deem, Edgell, D. Facemire, K. Facemyer,
Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler,
Laird, McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin
(Mr. President)--32.
The nays were: None.
Absent: Caruth and Oliverio--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. 390) 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. 441, Relating to
residential solar energy systems tax credit.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Boley,
Bowman, Browning, Chafin, Deem, Edgell, D. Facemire, K. Facemyer,
Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler,
Laird, McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin
(Mr. President)--32.
The nays were: None.
Absent: Caruth and Oliverio--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. 441) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Boley, Bowman,
Browning, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning,
Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird,
McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder, Stollings,
Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr.
President)--32.
The nays were: None.
Absent: Caruth and Oliverio--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 S. B. No. 441) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 464, Clarifying Division of Personnel
functions.
Having been read a third time on yesterday, Tuesday, February
23, 2010, and now coming up in regular order, was reported by the
Clerk.
The question being "Shall Engrossed Senate Bill No. 464 pass?"
On the passage of the bill, the yeas were: Barnes, Boley,
Bowman, Browning, Chafin, Deem, Edgell, D. Facemire, K. Facemyer,
Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler,
Laird, McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin
(Mr. President)--32.
The nays were: None.
Absent: Caruth and Oliverio--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. 464) passed with its title.
Senator Chafin moved that the bill take effect July 1, 2010.
On this question, the yeas were: Barnes, Boley, Bowman,
Browning, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning,
Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird,
McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder, Stollings,
Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr.
President)--32.
The nays were: None.
Absent: Caruth and Oliverio--2.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 464) takes effect July 1, 2010.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Senate Bill No. 490, Relating to domestic
violence.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill,
the yeas were: Barnes, Boley,
Bowman, Browning, Chafin, Deem, Edgell, D. Facemire, K. Facemyer,
Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler,
Laird, McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin
(Mr. President)--32.
The nays were: None.
Absent: Caruth and Oliverio--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. 490) 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. 506, Imposing penalties for falsifying
State Police Retirement Fund records.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill,
the yeas were: Barnes, Boley,
Bowman, Browning, Chafin, Deem, Edgell, D. Facemire, K. Facemyer,
Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler,
Laird, McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin
(Mr. President)--32.
The nays were: None.
Absent: Caruth and Oliverio--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. 506) 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. 515, Relating to firearms'
purchases and licensing.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill,
the yeas were: Barnes, Boley,
Bowman, Browning, Chafin, Deem, Edgell, D. Facemire, K. Facemyer,
Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler,
Laird, McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin
(Mr. President)--32.
The nays were: None.
Absent: Caruth and Oliverio--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. 515) passed with its title.
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. 389, Relating to eligibility of
certain felons to receive certain federally funded benefits.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 435, Relating to speed-detecting
device use law.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 453, Providing State Register subscribers
electronic format option.
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.
The following bills on first reading, coming up in regular
order, were each read a first time and ordered to second reading:
Com. Sub. for Senate Bill No. 336, Authorizing Division of
Wildlife Resources recover possession or restitution value of
certain wild animals.
Com. Sub. for Com. Sub. for Senate Bill No. 396, Updating
commercial driver's license requirements.
Com. Sub. for Com. Sub. for Senate Bill No. 398, Prohibiting
landfill disposal of certain electronic devices.
Com. Sub. for Senate Bill No. 446, Clarifying deceased public employees' survivors participate in comprehensive group health
insurance plans only.
Com. Sub. for Senate Bill No. 471, Increasing circuit clerks'
copying charge.
Senate Bill No. 526, Finding and declaring certain claims
against state.
Senate Bill No. 553, Extending time to purchase full service
credit in Teachers' Defined Contribution Retirement System.
And,
Senate Bill No. 602, Repealing outdated and obsolete sections
of tax code.
The Senate proceeded to the eleventh order of business and the
introduction of guests.
The Senate then proceeded to the twelfth order of business.
Remarks were made by Senators Green and Chafin.
Thereafter, at the request of Senator Bowman, and by unanimous
consent, the remarks by Senators Green and Chafin were ordered
printed in the Appendix to the Journal.
On motion of Senator Chafin, leaves of absence for the day
were granted Senators Caruth and Oliverio.
Pending announcement of meetings of standing committees of the
Senate, including a minority party caucus,
On motion of Senator Chafin, the Senate adjourned until
tomorrow, Thursday, February 25, 2010, at 11 a.m.
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