sdj-45th day
WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-NINTH LEGISLATURE
REGULAR SESSION, 2009
FORTY-FIFTH DAY
____________
Charleston, W. Va., Friday, March 27, 2009
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by Pastor Franklin D. Thomas, Living Faith
Church, Marmet, West Virginia.
Appalachian Children's Chorus, Charleston, West Virginia, and
Randall Reid-Smith, Commissioner of the Division of Culture and
History, proceeded in the singing of "Let There Be Peace on Earth"
and "Take Me Home, Country Roads" accompanied by Olga Young on the
piano.
Pending the reading of the Journal of Thursday, March 26,
2009,
On motion of Senator Wells, 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 amendment by that body, adoption as amended, and requested the
concurrence of the Senate in the House of Delegates amendment, as
to
Senate Concurrent Resolution No. 8, Requesting Division of
Highways name bridge in Mullens "Charles V. Stewart Memorial
Bridge".
On motion of Senator Chafin, the message on the resolution was
taken up for immediate consideration.
The following House of Delegates amendment to the title of the
resolution was reported by the Clerk:
Senate Concurrent Resolution No. 8--Requesting the Division of
Highways name bridge number 55-16/39-0.73 (4983), on County Route
16/39, on Moran Avenue in Mullens, West Virginia, the "Charles V.
Stewart Memorial Bridge".
On motion of Senator Chafin, the Senate concurred in the House
of Delegates amendment to the title of the resolution.
The question being on the adoption of the resolution, as
amended, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
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. 2091--A Bill to amend and reenact §9-2-9 of the Code of West Virginia, 1931, as amended; and
to amend and reenact §9-4-3 of said code, all relating to requiring
public notice and comment of state plan amendments prior to
submission for federal approval; providing public notice and
comment; excepting public comment period in certain circumstances;
allowing emergency approval of certain rules; and expanding
membership of the Medicaid Advisory Board.
Referred to the Committee on Government Organization; and then
to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 2470--A Bill to amend the
Code of West Virginia, 1931, as amended, by adding thereto a new
section, designated §11-15-9l, relating to exempting sales of
tangible personal property and services by any public or private
school in this state of any one or more grade levels pre-
kindergarten through grade twelve; limiting amount of sales subject
to exemption; and authorizing designation by the tax commissioner
of the exemption as a per se exemption for which exemption
certificates are not required.
Referred to the Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect July 1, 2009, and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 2530--A Bill to amend and
reenact §18-9A-2, §18-9A-3a and §18-9A-9 of the Code of West
Virginia, 1931, as amended, all relating to further defining
professional student support personnel; clarifying definition of
net enrollment; modifying method for computing increase in net
enrollment for certain counties; providing for computation of
certain personnel allowances for certain fiscal years based on
number of personnel that would be eligible based on net enrollment
if certain condition is met; and including professional student
support personnel in the public school support formula allowance
calculations for current expense and faculty senates.
Referred to the Committee on Education; and then to the
Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 2535--A Bill to amend the
Code of West Virginia, 1931, as amended, by adding thereto a new
article, designated §11-13Z-1, §11-13Z-2 and §11-13Z-3; and to
amend said code by adding thereto a new article, designated §24-2F-
1 and §24-2F-2, all relating to energy systems; providing for a tax
credit; requiring the Public Service Commission to adopt a rule
regarding net metering; and requiring Tax Commissioner to promulgate rules for claiming and applying tax credit.
Referred to the Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 2567--A Bill to amend and
reenact §29A-2-6 of the Code of West Virginia, 1931, as amended,
relating to filing agency rules with the secretary of state under
the administrative procedures act; requiring all rules to be filed
with the secretary of state electronically beginning July 1, 2011;
allowing for exemptions to the requirement; requiring legislative
rules to implement the provisions of the requirement; and
authorizing a voluntary pilot program to electronic filing of
proposed rules.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 2702--A Bill to amend and
reenact §7-14D-2, §7-14D-5, §7-14D-7, §7-14D-9c, §7-14D-13, §7-14D-
14, §7-14D-15, §7-14D-16, §714D-23 and §7-14D-30 of the Code of
West Virginia, 1931, as amended, all relating to the Deputy Sheriff
Retirement System Act; making technical changes, modifying
definitions; clarifying when membership ceases; specifying procedures for the correction of errors; defining employer error;
permitting rollovers of any dollar amount; clarifying loan offsets
at time of withdrawal; providing onset date for receipt of
disability benefits; providing for the termination of disability
benefits when a retirant refuses to submit to a medical examination
or provide certification from their physician of continued
disability; removal of option for members with loans to purchase
declining term insurance; permitting subsequent loans to members
sixty days after full payment of an outstanding loan; and providing
for the collection of fees from employers for untimely payment of
contributions.
Referred to the Committee on Pensions; and then to the
Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 2703--A Bill to amend and
reenact §18-7A-3, §18-7A-13, §18-7A-14, §18-7A-23, §18-7A-28c and
§18-7A-34 of the Code of West Virginia, 1931, as amended, all
relating to State Teachers Retirement System; making technical
changes; modifying definitions; specifying cessation of membership;
clarifying loan offsets at time of withdrawal; specifying
procedures for the correction of errors; permitting rollovers of
any dollar amount; and permitting loan borrowers to receive retirement income or disability payments when outstanding loan
balance is deducted from the actuarial reserve of accrued benefit.
Referred to the Committee on Pensions; and then to the
Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. House Bill No. 2722--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §11-21-10b; and to amend said code by adding thereto a
new section, designated §11-24-11c, all relating to authorizing a
$100 tax credit against either personal income tax or corporate net
income tax for the expense incurred when reprogramming a cash
register when the sales tax on food and food ingredients is
changed.
Referred to the Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. House Bill No. 2734--A Bill to amend and reenact
§18-7D-11 of the Code of West Virginia, 1931, as amended, relating
to the minimum guarantees provided to members who elected to
transfer from the Teachers' Defined Contribution System to the
Teachers' Retirement System.
Referred to the Committee on Pensions; and then to the
Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 2770--A Bill to amend and
reenact §16-5V-6, §16-5V-7, §16-5V-8 and §16-5V-32 of the Code of
West Virginia, 1931, as amended, all relating to the Emergency
Medical Services Retirement System Act; specifying procedures for
the transfer of contributions; clarifying actuarial valuation
period; clarifying employer contribution amount; specifying
procedures for the correction of errors; and requiring certain
information be included in the insurance plan filed by the Public
Employees Insurance Agency.
Referred to the Committee on Pensions; and then to the
Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect from passage, and
requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 2999--A Bill to amend and
reenact §11-15-6 of the Code of West Virginia, 1931, as amended; to
amend and reenact §11-15A-18 of said code; and to amend and reenact
§11-15B-21, §11-15B-24, §11-15B-28 and §11-15B-32 of said code, all
relating to the streamlined sales and use tax agreement and the West Virginia consumers sales and service tax and use tax;
providing relief from liability in specified circumstances;
administrative exemptions; the requirements of certified service
providers and the effective date.
Referred to the Committee on Finance.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the Senate amended title, passage
as amended, of
Eng. House Bill No. 3083, Permitting blood donations by
persons age sixteen with parental consent.
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. 15--Requesting the Division of
Veterans Affairs to name the new West Virginia State Veterans
Cemetery to be constructed near the West Virginia State Police
Academy near Institute, in Kanawha County, "THE DONEL KINNARD
VETERANS CEMETERY".
At the request of Senator Chafin, and by unanimous consent,
the message was taken up for immediate consideration and reference
of the resolution to a committee dispensed with.
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.
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. 30--Requesting the Division of
Highways name bridge number 23-119-15.31 (2647), in Logan County,
the "Marine Pvt. Robert Clayton Stephenson Memorial Bridge".
Referred to the Committee on Transportation and
Infrastructure.
A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption of
House Concurrent Resolution No. 31--Requesting the Division of
Highways name bridge number 55-10/45-0.03 (10482), in Wyoming
County, West Virginia, the "Airman First Class Christopher Burns
Lester Memorial Bridge".
Referred to the Committee on Transportation and
Infrastructure.
A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption of
House Concurrent Resolution No. 38--Requesting the Division of
Highways name bridge number 50-152-33.24 in Wayne County, the "Bob
W. Bellomy Memorial Bridge".
Referred to the Committee on Transportation and
Infrastructure.
A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption of
House Concurrent Resolution No. 39--Requesting the Division of
Highways name bridge number 46-119/ 42-0.16 (3389) located on Yates
Crossing Road in Grafton, Taylor County, the "Clair Bee:
Basketball Coach and Author Memorial Bridge".
Referred to the Committee on Transportation and
Infrastructure.
The Senate proceeded to the fourth order of business.
Senator Palumbo, from the Joint Committee on Enrolled Bills,
submitted the following report, which was received:
Your Joint Committee on Enrolled Bills has examined, found
truly enrolled, and on the 27th day of March, 2009, presented to
His Excellency, the Governor, for his action, the following bills,
signed by the President of the Senate and the Speaker of the House
of Delegates:
(S. B. No. 329), Updating terms in Personal Income Tax Act.
And,
(S. B. No. 410), Updating terms in Corporation Net Income Tax
Act.
Respectfully submitted,
Corey Palumbo,
Chair, Senate Committee.
Danny Wells,
Chair, House Committee.
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. 63, Increasing deposit from State Excess
Lottery Revenue Fund to Higher Education Improvement Fund.
And reports the same back with the recommendation that it 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. 227, Authorizing State Tax Department
promulgate legislative rule relating to repeal of valuation of
intangible personal property including stock accounts receivable,
stock in banks and loan associations.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 227 (originating in the Committee on the Judiciary)--A Bill to amend and reenact article 7,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
generally to the promulgation of administrative rules by the
various executive or administrative agencies and the procedures
relating thereto; continuing rules previously promulgated by state
agencies and boards; legislative mandate or authorization for the
promulgation of certain legislative rules; authorizing certain of
the agencies to promulgate certain legislative rules in the form
that the rules were filed in the State Register; authorizing
certain of the agencies to promulgate certain legislative rules
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; repealing a
certain legislative rule; authorizing the State Tax Department to
repeal a legislative rule relating to valuation of intangible
personal property including stock accounts receivable and stock in
banks and capital of savings and loan associations; authorizing the
State Tax Department to promulgate a legislative rule relating to
combined returns pursuant to an investigation by the Tax
Commissioner; authorizing the State Tax Department to promulgate a
legislative rule relating to the film industry investment tax
credit; authorizing the State Tax Department to promulgate a legislative rule relating to electronic filing and payment of
special district excise tax; authorizing the State Tax Department
to promulgate a legislative rule relating to the withholding or
denial of personal income tax refunds from taxpayers who owe
municipal costs, fines, forfeitures or penalties; authorizing the
State Tax Department to promulgate a legislative rule relating to
an exchange of information agreement between the State Tax Division
and the Department of Health and Human Resources Office of the
Inspector General Medicaid Fraud Control Unit; authorizing the
Insurance Commissioner to promulgate a legislative rule relating to
coordination of health benefits; authorizing the Insurance
Commissioner to promulgate a legislative rule relating to long-term
care insurance; authorizing the Insurance Commissioner to
promulgate a legislative rule relating to actuarial opinion and
memorandum; authorizing the Insurance Commissioner to promulgate a
legislative rule relating to continuing education for individual
insurance producers; authorizing the Insurance Commissioner to
promulgate a legislative rule relating to viatical settlements;
authorizing the Insurance Commissioner to promulgate a legislative
rule relating to discount medical plan organizations and discount
prescription drug plan organizations; authorizing the Insurance
Commissioner to promulgate a legislative rule relating to
professional employer organizations; authorizing the Insurance
Commissioner to promulgate a legislative rule relating to preneed life insurance minimum standards for determining reserve
liabilities and nonforfeiture values; and authorizing the Racing
Commission to promulgate a legislative rule relating to greyhound
racing.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Jeffery 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. 257, Creating nonvoting student member
position on county boards of education.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 257 (originating in the
Committee on Education)--A Bill to amend and reenact §18-5-1 of the
Code of West Virginia, 1931, as amended; and to amend said code by
adding thereto a new section, designated §18-5-1d, all relating to
a nonvoting student member position on each county board of
education; eligibility requirements; term; appointment or election
in accordance with board rules; exemption from certain member
requirements; participation in meetings; representing the board at
public functions; provision of meeting materials; allowance for expenses; prohibiting compensation; and removal in accordance with
board rules.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Robert H. Plymale,
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. 271, Requiring write-in candidates pay filing
fee.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 271 (originating in the
Committee on the Judiciary)--A Bill to amend and reenact §3-5-8 of
the Code of West Virginia, 1931, as amended; and to amend and
reenact §3-6-4a of said code, all relating to elections; requiring
write-in candidates for public office to pay a filing fee for the
office sought; and providing for distribution of the fee in the
same manner as other candidates.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Jeffery 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
Com. Sub. for Senate Bill No. 297 (originating in the
Committee on the Judiciary), Creating Alternative and Renewable
Energy Portfolio Act.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Com. Sub. for Senate Bill No. 297 (originating
in the Committee on Finance)--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, §24-2F-13 and §24-2F-14, 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 rate
making 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; authorizing the
Public Service Commission to promulgate rules; and providing sunset
date.
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. 311, Creating 2012 Supreme Court of Appeals
Public Campaign Financing Pilot Program.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 311 (originating in the
Committee on the Judiciary)--A Bill to amend and reenact §3-1A-1,
§3-1A-4 and §3-1A-5 of the Code of West Virginia, 1931, as amended;
and to amend said code by adding thereto a new article, designated
§3-12-1, §3-12-2, §3-12-3, §3-12-4, §3-12-5, §3-12-6, §3-12-7,
§3-12-8, §3-12-9, §3-12-10, §3-12-11, §3-12-12, §3-12-13, §3-12-14,
§3-12-15 and §3-12-16, all relating to creating the West Virginia
Supreme Court of Appeals Public Campaign Financing Pilot Program;
giving additional duties and per diem pay to the State Election
Commission; authorizing State Election Commission utilize video,
telephone and internet conferencing; providing alterative campaign
financing option for candidates for the West Virginia Supreme Court
of Appeals in 2010 and 2012 through public funds; setting forth
short title and certain legislative findings and declarations;
defining terms; specifying that the provisions of the act are
applicable to candidates for the West Virginia Supreme Court of Appeals in the 2010 and 2012 general and primary elections;
establishing the Supreme Court of Appeals Public Campaign Financing
Fund and sources of revenue for the fund; authorizing transfer of
$1 million a year from the Treasurer's Unclaimed Property Trust
Fund to the fund for four years; requiring an applicant for public
campaign funding to complete a declaration of intent and setting
forth the manner in which an application for funding may be made;
setting forth eligibility criteria for qualifying party and
independent candidates; allowing participating candidates to raise
from private sources and spend exploratory contributions; requiring
candidates seeking public campaign funds to collect a required
number of qualifying contributions; requiring candidates to provide
detailed receipts to contributors and to the State Election
Commission for exploratory and qualifying contributions; requiring
participating candidates to comply with all provisions of the act;
requiring the State Election Commission to certify eligible
candidates and setting forth the procedure for certification;
providing for distribution of funds from the Public Campaign
Financing Fund to qualified candidates for funding election
campaigns; specifying the amount of funds available for each
candidate and when the funds become available; setting forth
restrictions on participating candidates' contributions and
spending; prohibiting participating candidates from accepting
private contributions other than as specifically set forth in the act; prohibiting the use of personal funds for certain purposes;
permitting qualified candidates to raise funds from private sources
when there is insufficient money in the Public Campaign Financing
Fund to make a complete distribution to all qualified candidates;
requiring certain disclosures; requiring candidates to keep records
and report to the State Election Commission; providing for rescue
funds when independent expenditures or opponent expenditures exceed
certain limits; setting forth certain duties of the State Election
Commission and Secretary of State; providing for the deposit of
certain revenue into the fund; requiring repayment of excessive
expenditures by candidates; and providing both civil and criminal
penalties for violations of the act.
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,
Jeffery V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 311) 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 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. 326, Mandating certain dental anesthesia
insurance coverage.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 326 (originating in the
Committee on Banking and Insurance)--A Bill to amend and reenact
§5-16-7 and §5-16-9 of the Code of West Virginia, 1931, as amended;
to amend said code by adding thereto a new section, designated
§33-15-4j; to amend said code by adding thereto a new section,
designated §33-16-3t; to amend said code by adding thereto a new
section, designated §33-24-7j; to amend said code by adding thereto
a new section, designated §33-25-8h; and to amend said code by
adding thereto a new section, designated §33-25A-8i, all relating
to mandating insurance coverage of dental anesthesia in certain
circumstances.
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 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 Banking and Insurance.
At the request of Senator Minard, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 326) was taken up for
immediate consideration, read a first time and ordered to second
reading.
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. 373, Relating to PROMISE Scholarship.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 373 (originating in the
Committee on Education)--A Bill to amend and reenact §18C-1-1 and
§18C-1-5 of the Code of West Virginia, 1931, as amended; to amend
and reenact §18C-7-3, §18C-7-4, §18C-7-5, §18C-7-6, §18C-7-7 and
§18C-7-8 of said code; and to amend and reenact §29-22-18a of said
code, all relating to student financial aid resources and programs;
reconstituting the Higher Education Student Financial Aid Advisory
Board; providing for member appointments; setting forth member
qualifications and terms of office; setting forth duties of the advisory board; dissolving the PROMISE Scholarship Board and
transferring its powers and duties to the Higher Education Policy
Commission; authorizing investment of certain funds with the West
Virginia Investment Management Board; raising by two percent the
aggregate percentage amount the Legislature may allocate to the
West Virginia Providing Real Opportunities for Maximizing In-State
Student Excellence (PROMISE) scholarship program; setting as the
minimum amount of the PROMISE scholarship annual award the lesser
of the cost of tuition at a state institution of higher education
or $4,750 and authorizing the Higher Education Policy Commission to
provide annual awards greater than $4,750 under certain
circumstances if funds are available; providing conditions under
which PROMISE scholarship annual awards are continued to certain
students under certain circumstances; clarifying that a PROMISE
scholarship may supplement certain tuition and fee waivers;
authorizing the Higher Education Policy Commission to promulgate
rules; and increasing funding allocated from the State Excess
Lottery Revenue Fund by $2 million.
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. 373) 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 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. 378, Relating to concealed
handgun license reciprocity.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Jeffery 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. 408, Relating to model health plan for
uninsurable individuals.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 408 (originating in the
Committee on Banking and Insurance)--A Bill to repeal §33-48-11 of
the Code of West Virginia, 1931, as amended; to amend said code by
adding thereto a new section, designated §33-48-7b; and to amend
and reenact §33-48-8 of said code, all relating to the model health
plan for uninsurable individuals; removing obsolete sunset
provision; authorizing the use of surplus funds in the plan fund to
subsidize premiums of certain enrollees; and permitting the board
to propose legislative rules to propose additional classes of
individuals to which the preexisting condition exclusion may not
apply.
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 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 Banking and Insurance.
At the request of Senator Minard, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 408) was taken up for
immediate consideration, read a first time and ordered to second reading.
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. 430, Prohibiting premium subsidies for certain
public employees.
Now on second reading, having been read a first time and
referred to the Committee on Finance on March 25, 2009;
And,
Senate Bill No. 492, Clarifying certain Public Employees
Insurance Agency retirement requirements.
Now on second reading, having been read a first time and
referred to the Committee on Finance on March 25, 2009;
And reports the same back with the recommendation that they
each do pass.
Respectfully submitted,
Walt Helmick,
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. 434, Relating to long-term care policy
insurance agents.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Joseph M. Minard,
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. 435, Creating Learn and Earn Cooperative
Education Program.
And,
Senate Bill No. 620, Revising Municipal Economic Opportunity
Development District Act.
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. 481, Requiring employers provide certain
documentation to Public Employees Insurance Agency.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Walt Helmick,
Chair.
Senator Plymale, from the Committee on Education, submitted
the following report, which was received:
Your Committee on Education has had under consideration
Com. Sub. for Senate Bill No. 485 (originating in the
Committee on Health and Human Resources), Requiring certain
students undergo dental examination.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Com. Sub. for Senate Bill No. 485 (originating
in the Committee on Education)--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §16-3-4a; and to amend and reenact §18-28-6 of said
code, all relating to requiring all children who enter a public or
private school for the first time, whether it be in kindergarten or
first grade, to provide adequate proof of having undergone a dental
examination by a licensed dentist; exceptions; teacher
responsibility; full-time county health officer responsibility;
provisional enrollment; and satisfactory proof.
With the recommendation that the committee substitute for
committee substitute do pass.
Respectfully submitted,
Robert H. Plymale,
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. 498 (originating in the
Committee on Education), Relating to early childhood development.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Com. Sub. for Senate Bill No. 498 (originating
in the Committee on Finance)--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 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 committee substitute for
committee substitute do pass.
Respectfully submitted,
Walt Helmick,
Chair.
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. 506, Conforming state mine subsidence laws and
rules with federal laws and rules.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 506 (originating in the
Committee on Energy, Industry and Mining)--A Bill to amend and
reenact §22-3-14 of the Code of West Virginia, 1931, as amended,
relating to conforming the state mine subsidence laws and rules to
federal mining and subsidence laws and rules.
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,
Mike Green,
Chair.
At the request of Senator Green, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 506) contained in the
preceding report from the Committee on Energy, Industry and Mining
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
Com. Sub. for Senate Bill No. 513, Relating to hiring,
termination, transfer and reassignment of school personnel.
And has amended the same.
Now on second reading, having been read a first time and
referred to the Committee on the Judiciary on March 25, 2009;
And reports the same back with the recommendation that it do
pass, as amended.
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. 592, Creating behavioral health service
provider tax.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 592 (originating in the
Committee on Health and Human Resources)--A Bill to amend and reenact §11-13A-3 of the Code of West Virginia, 1931, as amended;
relating generally to health care provider tax.
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 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 Health and Human Resources.
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. 600, Relating to coal reclamation tax.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 600 (originating in the
Committee on Energy, Industry and Mining)--A Bill to amend and
reenact §22-3-11 of the Code of West Virginia, 1931, as amended,
relating to continuing and reimposing the special reclamation tax
on clean coal mined; providing for legislative review of the tax every five years; and taking out the additional tax on clean coal.
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,
Mike Green,
Chair.
At the request of Senator Green, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 600) contained in the
preceding report from the Committee on Energy, Industry and Mining
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. 634, Relating to certain volunteering
physicians' liability.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 634 (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 §55-7-26, relating to liability of physicians
who render services to youth camps and programs; limiting
liability; 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 the Judiciary.
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. 634) 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 the Judiciary.
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. 638 (originating in the
Committee on Education), Relating to higher education capital
facilities.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Com. Sub. for Senate Bill No. 638 (originating in the Committee on Finance)--A Bill to repeal §18-23-1, §18-23-2,
§18-23-3, §18-23-4, §18-23-5, §18-23-13, §18-23-14, §18-23-15, §18-
23-18, §18-23-22, §18-23-23 and §18-23-24 of the Code of West
Virginia, 1931, as amended; to repeal §18B-14-1, §18B-14-2, §18B-
14-3, §18B-14-4, §18B-14-5, §18B-14-5a, §18B-14-6 and §18B-14-7 of
said code; to amend and reenact §5-6-4a of said code; to amend and
reenact §18B-1B-4 of said code; to amend and reenact §18B-2A-4 of
said code; to amend and reenact §18B-2B-6 of said code; to amend
and reenact §18B-4-6 of said code; to amend and reenact §18B-5-4 of
said code; to amend and reenact §18B-10-8 of said code; to amend
said code by adding thereto a new article, designated §18B-19-1,
§18B-19-2, §18B-19-3, §18B-19-4, §18B-19-5, §18B-19-6, §18B-19-7,
§18B-19-8, §18B-19-9, §18B-19-10, §18B-19-11, §18B-19-12, §18B-19-
13, §18B-19-14, §18B-19-15, §18B-19-16, §18B-19-17 and §18B-19-18;
and to amend and reenact §29-22-18 of said code, all relating to
higher education capital facilities; capital project planning,
financing, management and maintenance; acquisition, sale, transfer,
exchange, lease, conveyance and condemnation of real property;
construction and operation of capital facilities; collection and
use of certain capital fees; establishing in the State Treasury a
special revenue fund known as the Higher Education Policy
Commission Capital Improvement Fund; directing the use of certain
lottery proceeds; establishing in the State Treasury a capital
maintenance fund for each state institution of higher education; legislative intent; defined terms; systemwide facilities planning;
and institution facilities planning.
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. 658, Authorizing Auditor and Treasurer
contract emergency banking services.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 658 (originating in the
Committee on Finance)--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new section, designated §12-
3A-4a, relating to authorizing the Auditor and Treasurer to
contract for emergency banking services in the event of financial
crisis affecting the current provider.
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. 658) 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 Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 666, Relating to community enhancement
districts.
Now on second reading, having been read a first time and
referred to the Committee on Finance on March 26, 2009;
And reports the same back with the recommendation that it 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. 680, Establishing 2010 calendar year average
motor fuel wholesale price.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended.
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. 693, Authorizing processing fee
to be used for Secretary of State's technology projects.
Now on second reading, having been read a first time and
referred to the Committee on Finance on March 26, 2009;
And reports the same back with the recommendation that it 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. 702, Changing workers'
compensation purchase date deadline for governmental entities.
Now on second reading, having been read a first time and
referred to the Committee on Finance on March 26, 2009;
And reports the same back with the recommendation that it 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. 715, Establishing Chesapeake Bay Restoration
Initiative.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 715 (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 §22-11-30, relating to the protection of the Chesapeake
Bay Watershed; and nutrient reductions projects.
With the recommendation that the committee substitute 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 Concurrent Resolution No. 14, Authorizing issuance of revenue bonds to provide capital improvements for state colleges
and universities.
And reports the same back with the recommendation that it be
adopted.
Respectfully submitted,
Walt Helmick,
Chair.
The Senate proceeded to the sixth order of business.
Senators Caruth and Oliverio offered the following resolution:
Senate Concurrent Resolution No. 48--Requesting the Division
of Highways name bridge number 28-460-13.48 (2945) in Mercer County
the "Corporal Ray B. Cheatwood, Jr., Memorial Bridge".
Whereas, Ray B. Cheatwood, Jr., was drafted into the United
States Army on April 23, 1943; and
Whereas, Ray B. Cheatwood, Jr., answered the call to duty for
his nation during World War II; and
Whereas, Ray B. Cheatwood, Jr., was captured in Italy on
January 22, 1944, transported to Germany and sent to Stalag II-B,
where he was held as a prisoner of war until April 13, 1945; and
Whereas, Ray B. Cheatwood, Jr., was honorably discharged from
the United States Army on October 22, 1945; and
Whereas, Ray B. Cheatwood, Jr., was awarded a Bronze Star
Medal, Purple Heart, POW Medal, Good Conduct Medal, European-
African-Middle Eastern Campaign Medal with two bronze service stars, World War II Victory Medal, National Defense Service Medal,
Combat Infantryman Badge 1st Award and Honorable Service Lap Button
WWII; and
Whereas, It is fitting to honor Ray B. Cheatwood, Jr., for his
service to his country by naming bridge number 28-460-13.48 (2945)
in Mercer County the "Corporal Ray B. Cheatwood, Jr., Memorial
Bridge"; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways
to name bridge number 28-460-13.48 (2945) in Mercer County the
"Corporal Ray B. Cheatwood, Jr., 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 "Corporal Ray B. Cheatwood, Jr., 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 to the family of Ray B.
Cheatwood, Jr.
Which, under the rules, lies over one day.
At the request of Senator Caruth, and by unanimous consent,
Senator Caruth addressed the Senate regarding Senate Concurrent
Resolution No. 48.
Thereafter, at the request of Senator Chafin, and by unanimous consent, the remarks by Senator Caruth were ordered printed in the
Appendix to the Journal.
Senators Plymale, Minard, Jenkins, Wells, Stollings and Yost
offered the following resolution:
Senate Resolution No. 48--Congratulating the St. Joseph Lady
Irish basketball team for winning the 2009 Class A state
championship.
Whereas, The 2009 Lady Irish basketball team consists of
players Dusti Chapman, Kiki Smith, Niki Lobo, Jill Pulley, Abby
Piaskowski, Kara Anderson, Stephanie Sang, Sara Sang, Amber
Chadwick, Erin Pemberton, Stephanie Dorsey, Brittany Moore, Dani
Lobo and Keisha Adkins; and
Whereas, The Lady Irish are coached by head coach Shannon
Lewis and assistant coaches Dave Jenkins and Scott Johnson; and
Whereas, The Lady Irish had a dominant year, finishing with a
record of 22-5, including being undefeated against West Virginia
competition, in route to winning the Class A state championship;
and
Whereas, The Lady Irish 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 Irish basketball team is 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 St. Joseph Lady Irish
basketball team for winning the 2009 Class A 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 to the St. Joseph Lady Irish basketball
team.
At the request of Senator Plymale, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.
On motion of Senator Chafin, the Senate recessed for one
minute.
Upon expiration of the recess, the Senate reconvened and
resumed business under the sixth order.
At the request of Senator Chafin, unanimous consent being
granted, Senator Helmick offered the following resolution from the
floor:
Senate Resolution No. 49--Congratulating the West Virginia
University Rifle Team on winning the 2009 national NCAA
championship.
Whereas, The West Virginia University Rifle Team participated
in the national NCAA Championship competition in Forth Worth,
Texas, in 2009; and
Whereas, The West Virginia University Rifle Team won its 14th
national championship, shooting a staggering 2353 score, with an
overall aggregate score of 4643; and
Whereas, During the competition, seven Mountaineers were named
NRA All-Americans and their coach, Jon Hammond, was named "Coach of
the Year" by the College Rifle Association; therefore, be it
Resolved by the Senate:
That the Senate hereby congratulates the West Virginia
University Rifle Team on winning the 2009 national NCAA
championship; and, be it
Further Resolved, That the Senate congratulates West Virginia
University Rifle Team Coach Jon Hammond for his selection as "Coach
of the Year"; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to West Virginia University Rifle Team
Coach Jon Hammond.
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.
Thereafter, at the request of Senator Barnes, and by unanimous
consent, the remarks by Senators Oliverio, Helmick and Chafin regarding the adoption of Senate Resolution No. 49 were ordered
printed in the Appendix to the Journal.
On motion of Senator Chafin, the Senate recessed for one
minute.
Upon expiration of the recess, the Senate reconvened and
resumed business under the sixth order.
Petitions
Senator Stollings presented a petition from James L. Keener
and thirteen Brooke County residents, supporting Senate Joint
Resolution No. 7 (
Proposing amendment to Constitution designated
Marriage Protection Amendment) and Senate Joint Resolution No. 12
(
Proposing amendment to Constitution designated Marriage Protection
Amendment).
Referred to the Committee on the Judiciary.
Senator White presented a petition from Nona Ringler and
numerous West Virginia Public Workers Union members, opposing
Senate Bill No. 519 (
Authorizing Governor institute employee
furlough program).
Referred to the Committee on Government Organization.
The Senate proceeded to the seventh order of business.
Com. Sub. for Senate Concurrent Resolution No. 23, Requesting
Division of Veterans Affairs name state veterans cemetery in
Kanawha County "The Donel Kinnard Veterans Cemetery".
On unfinished business, coming up in regular order, was reported by the Clerk.
On motion of Senator Chafin, the resolution was recommitted to
the Committee on the Military.
Senate Concurrent Resolution No. 47, Requesting Joint
Committee on Government and Finance study economic impact of state
and federal prevailing wage laws.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on Labor; and
then to the Committee on Rules.
The Senate proceeded to the eighth order of business.
Eng. Com. Sub. for Senate Bill No. 195, Authorizing Department
of Health and Human Resources promulgate legislative rules.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: 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. 195) 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 S. B. No. 195) 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. 299, Relating to
Infrastructure Fund 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, 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. 299) 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. 333, Basing school nurse
ratio on total net enrollment.
On third reading, coming up in regular order, was reported by
the Clerk.
At the request of Senator Prezioso, unanimous consent being
granted, the bill was laid over one day, retaining its place on the
calendar.
Eng. Senate Bill No. 336, Changing failure to wear seatbelt to
primary offense.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Bowman,
Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, Fanning,
Foster, Green, Hall, Helmick, Jenkins, Kessler, Laird, McCabe,
Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings,
Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--30.
The nays were: Boley and Sypolt--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. S.
B. No. 336) 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. 473, Clarifying civil service job posting
provisions.
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. 473) 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. 694, Creating intrastate
mutual aid system.
On third reading, coming up in regular order, was reported by
the Clerk.
At the request of Senator Kessler, unanimous consent was
granted to offer an amendment to the bill on third reading.
Thereupon, on motion of Senator Kessler, the following
amendment to the bill was reported by the Clerk and adopted:
O
n page seven, section twenty-eight, line one hundred one, by
striking out the word "through" and inserting in lieu thereof the
words "to the Division of Homeland Security and Emergency
Management through the designated County Emergency Management
Director by".
The bill, as just amended, was again ordered to engrossment.
Engrossed Committee Substitute for Senate Bill No. 694 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, 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. 694) 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 S. B. No. 694) 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 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 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 H. B. No. 2795) 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. 15, Limiting certain parks and
recreation entities' liability.
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. 55, Limiting Social Security
number requirement in securing state services.
On second reading, coming up in regular order, was reported by
the Clerk.
On motion of Senator Kessler, the bill was rereferred to the
Committee on the Judiciary.
Com. Sub. for Senate Bill No. 56, Awarding National Board for Professional Teaching Standards salary bonus to certain teachers.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Com. Sub. for Com. Sub. for Senate Bill No. 286, Expanding
prepaid limited health service organizations services.
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. 419, Creating Healthy Lifestyles
Restaurant Calorie Posting Program.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 450, Allowing Public Employees Insurance
Agency enter into capitated provider arrangements.
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. 461, Extending selenium effluent
limits compliance time.
On second reading, coming up in regular order, was read a
second time.
The following amendment to the bill, from the Committee on the
Judiciary, was reported by the Clerk and adopted:
On page three, section six, line thirty-one, after the word
"findings" by inserting the words "and submitting the report to the
Joint Committee on Government and Finance".
The bill (Com. Sub. for S. B. No. 461), as amended, was then
ordered to engrossment and third reading.
Com. Sub. for Com. Sub. for Senate Bill No. 470, Regulating
all-terrain vehicles on Hatfield-McCoy Trail.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 483, Creating Caregivers Consent Act.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 490, Authorizing Mercer County Commission
appoint emergency operations center board.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 495, Authorizing Insurance Commissioner permit
certain groups life insurance policies.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 515, Creating Uniform Adult Guardianship and
Protective Proceedings Jurisdiction Act.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 519, Authorizing Governor institute employee
furlough program.
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. 533, Updating terms in consumers
sales and service tax.
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. 554, Requiring sex offender
registry fee.
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. 573, Continuing Pharmaceutical
Cost Management Council as advisory council.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Com. Sub. for Com. Sub. for Senate Bill No. 575, Relating to
gaming operations at historic resort hotel.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 595, Relating to assignment of child support
obligations.
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. 612, Relating to willful
nonpayment of child support.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 632, Requiring insurers share certain
information with Bureau for Medical Services.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 636, Finding and declaring certain claims
against state.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 760, Authorizing Supreme Court to develop
pilot pre-trial release programs.
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. 142, Relating to Tourism
Development Act.
Com. Sub. for Senate Bill No. 172, Authorizing Department of
Administration promulgate legislative rules.
Com. Sub. for Com. Sub. for Senate Bill No. 282, Relating to
retail liquor licenses' classification.
Com. Sub. for Senate Bill No. 327, Relating to mini-trucks
registration and operation.
Senate Bill No. 431, Providing in-state medical providers
notice of small group health benefit plan.
Com. Sub. for Senate Bill No. 439, Permitting State Police
Superintendent consult with Insurance Commissioner.
Com. Sub. for Com. Sub. for Senate Bill No. 442, Requiring
State Auditor perform delinquent land sales paper processing
responsibilities.
Senate Bill No. 452, Relating to Public Employees Insurance
Agency underwriting nonstate employer groups.
Com. Sub. for Senate Bill No. 484, Relating to ad valorem
property taxes.
Senate Bill No. 488, Requiring parental consent for minor
using tanning facility.
Senate Bill No. 507, Relating to Clean Coal Technology
Council's powers and duties.
Com. Sub. for Com. Sub. for Senate Bill No. 532, Creating WV
SAFE Mortgage Licensing Act.
Com. Sub. for Senate Bill No. 561, Requiring county land
surveyors be licensed.
Com. Sub. for Senate Bill No. 585, Limiting amount of free
residential solid waste disposal.
Senate Bill No. 610, Relating to Film Industry Investment Act.
Com. Sub. for Senate Bill No. 613, Clarifying coalbed methane notice requirements.
Com. Sub. for Senate Bill No. 649, Increasing Capitol Building
Commission membership.
Com. Sub. for Senate Bill No. 672, Creating Mental Health
Stabilization Act of 2009.
Com. Sub. for Senate Bill No. 674, Requiring Division of
Personnel Director develop demographic information survey.
Com. Sub. for Senate Bill No. 695, Relating to payment for
certain state employees' unused sick leave.
Com. Sub. for Senate Bill No. 706, Creating State Police leave
donation program.
Senate Bill No. 719, Allowing certain police officers keep
weapon after retirement.
Senate Bill No. 753, Relating to land development ordinances.
Senate Bill No. 761, Relating to illegal entries upon certain
property.
Senate Bill No. 762, Relating to volunteer firefighters'
Length of Service Awards Program.
And,
Senate Bill No. 763, Clarifying Racing Commission's authority
over certain thoroughbred race horses' registration.
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 Bowman and Prezioso.
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Chafin, the Senate recessed until 2:30
p.m. today.
Upon expiration of the recess, the Senate reconvened and, at
the request of Senator Chafin, and by unanimous consent, returned
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. 84, Authorizing municipalities to provide free
parking for certain veterans.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 84 (originating in the Committee
on Government Organization)--A Bill
to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §8-12-12a, relating to municipalities; and authorizing,
by ordinance, certain veterans to park free.
And,
Senate Bill No. 274, Allowing county boards of education enter
into lease-purchase agreements.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 274 (originating in the
Committee on Government Organization)--A Bill
to amend the Code of
West Virginia, 1931, as amended, by adding thereto a new section,
designated §18-5-9c; and to amend and reenact §18-9D-3 and §18-9D-
15 of said code, all relating to allowing a county board of
education to enter into lease-purchase agreements; and allowing the
School Building Authority to provide one-time grants to a county
board of education for the purpose of entering into lease-purchase
agreements for the construction of school facilities.
With the recommendation that the two 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 Snyder, unanimous consent being
granted, Committee Substitute for Senate Bill No. 84 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.
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. 274 contained in the foregoing report from 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. 388, Creating new vehicle purchase tax credit.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 388 (originating in the
Committee on Transportation and Infrastructure)-A Bill
to amend and
reenact §11-15-3c of the Code of West Virginia, 1931, as amended;
and to amend said code by adding thereto a new section, designated
§11-15-9m, all relating to providing an exemption from the motor
vehicle sales tax for the purchase in this state of a motor vehicle
during a certain time period in the calendar year 2009; and
providing a motor vehicle sales tax holiday for sales in this state
of certain fuel-efficient vehicles during a certain time period in
each of the calendar years 2009, 2010 and 2011.
With the recommendation that the committee substitute do pass;
but under the original double committee reference first be referred
to the Committee on Finance.
Respectfully submitted,
John R. Unger II,
Chair.
At the request of Senator Unger, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 388) 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
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. 621, Allowing private property owner to
prohibit concealed weapons.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 621 (originating in the
Committee on the Judiciary)-A Bill
to amend and reenact §61-7-14 of
the Code of West Virginia, 1931, as amended, relating to only
allowing a private owner, lessee or other person charged with the
care, custody and control of real property to prohibit the
carrying, openly or concealed, of any firearm or deadly weapon on
private property under his or her domain; and clarifying that
municipal and county governments are not entities for purposes of
this section.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Jeffery V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 621) 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 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. 641, Disclosing solid waste origins at
commercial landfills.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 641 (originating in the
Committee on Transportation and Infrastructure)--A Bill
to amend
the Code of West Virginia, 1931, as amended, by adding thereto a
new section, designated §24A-2-4b, relating generally to
disclosures regarding the origin of solid waste deposited in
commercial landfills and transfer stations in this state; requiring
the operator-driver of every solid waste motor carrier who deposits
solid waste in a commercial landfill or transfer station to declare in writing, under oath, and to provide to certain entities, the
name of the county and state of origin of the solid waste being
deposited at the commercial landfill or transfer station; and
providing criminal penalties against an operator-driver or owner of
a solid waste motor carrier.
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. 641) 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 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. 714, Relating to alternative sentencing
programs.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 714 (originating in the
Committee on the Judiciary)--A Bill
to amend and reenact §62-11A-1a
of the Code of West Virginia, 1931, as amended, relating to
sentencing alternatives; and removing authority of probation
officers to administer alternative sentencing programs and granting
community corrections boards such authority.
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. 740, Relating to obscene, harassing and
threatening computer communications.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 740 (originating in the
Committee on the Judiciary)--A Bill
to amend and reenact §61-3C-14a
of the Code of West Virginia, 1931, as amended, relating to
obscene, anonymous, harassing and threatening communications by the
internet; publishing false statements via the internet designed to
injure the reputation of another; and setting penalties therefore.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
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. 741, Requiring Public Land Corporation provide
free gas rights in public land leases.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended; but under the original double committee reference
first be referred to the Committee on the Judiciary.
Respectfully submitted,
John Pat Fanning,
Chair.
At the request of Senator Laird, unanimous consent being
granted, the bill (S. B. No. 741) contained in the preceding report
from the Committee on Natural 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 the Judiciary, with an amendment from the
Committee on Natural Resources pending.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 764 (originating in the Committee on the
Judiciary)--A Bill
to amend and reenact §3-6-9
of the Code of West
Virginia, 1931, as amended, relating to election recount
procedures; providing that certification of results in multiple
county races will not be made final until each county has declared
results of election; and requiring Secretary of State notify each
county that results have been declared.
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. 764) 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 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. 765 (originating in the Committee on
Transportation and Infrastructure)--A Bill
to amend and reenact
§11-24-43a of the Code of West Virginia, 1931, as amended; and to
amend and reenact §17-16B-7a of said code, all relating to
eliminating certain provisions on the expiration date for requiring the deposit of moneys in the Special Railroad and Intermodal
Enhancement Fund; eliminating the limit on the total amount to be
deposited into the fund for the year 2016; and relating to
expanding and clarifying the purposes of the Special Railroad and
Intermodal Enhancement Fund to include expending funds for commuter
railways and related structures and to conduct studies and to
develop plans for railways and intermodal facilities.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
John R. Unger II,
Chair.
At the request of Senator Unger, unanimous consent being
granted, the bill (S. B. No. 765) contained in the preceding report
from the Committee on Transportation and Infrastructure was taken
up for immediate consideration, read a first time and ordered to
second reading.
On motion of Senator Unger, the bill was then referred to the
Committee on Finance.
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
Monday, March 30, 2009, at 11 a.m.
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