sdj-49th day
WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-NINTH LEGISLATURE
REGULAR SESSION, 2009
FORTY-NINTH DAY
____________
Charleston, W. Va., Tuesday, March 31, 2009
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by the Reverend Larry Jackson, Trinity
Episcopal Church, Parkersburg, West Virginia. Karen and Matthew
Bright of Kingwood, West Virginia, then proceeded in the singing of
an original composition "The Hills of West Virginia Call Me Home"
and "The Girl from West Virginia".
Pending the reading of the Journal of Monday, March 30, 2009,
On motion of Senator Stollings, the Journal was approved and
the further reading thereof dispensed with.
The Senate proceeded to the second order of business and the
introduction of guests.
The Senate then proceeded to the third order of business.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 2737--A Bill to amend and reenact §62-12-5 of the Code of West Virginia, 1931, as amended,
relating to authorizing the Administrative Director of the Supreme
Court of Appeals to hire multi-judicial-circuit probation officers.
Referred to the Committee on the Judiciary; 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. 2753--A Bill to amend and
reenact §17-2D-2, §17-2D-3 and §17-2D-5 of the Code of West
Virginia, 1931, as amended, all relating to the continuation of the
Design-Build Program.
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. 2767--A Bill to amend and
reenact §5-16-4 of the Code of West Virginia, 1931, as amended,
relating to the membership of the Public Employees Insurance Agency
Finance Board.
Referred to the Committee on Government Organization; 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. 2916--A Bill to amend and
reenact §16-4C-6, §16-4C-6b and §16-4C-8 of the Code of West
Virginia, 1931, as amended, all relating to the Emergency Medical
Services Act; providing rule-making authority for fees for
certification and recertification of emergency services personnel;
providing for fees for certification and recertification of
emergency services personnel to be deposited in the Emergency
Medical Services Agency Licensure Fund; requiring applicants for
certification to submit to a criminal history background check;
prohibiting the release of results of criminal history background
check to or by private entities; and establishing fees for
certification and recertification of emergency services personnel.
Referred to the Committee on Health and Human Resources; 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. 2957--A Bill to amend and
reenact §19-8-1, §19-8-2 and §19-8-3 of the Code of West Virginia,
1931, as amended, all relating to county extension services;
requiring the collection of data regarding the locations of all
cemeteries within West Virginia; and requiring the information to
be kept by the Historic Preservation Section of the Division of Culture and History acting as the repository for said data.
Referred to the Committee on Government Organization.
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. House Bill No. 2967--A Bill to amend and reenact
§18A-4-2a of the Code of West Virginia, 1931, as amended, relating
to National Board for Professional Teaching Standards certificate
renewal; continuing salary bonus for renewed certificates;
providing for reimbursement of renewal fees; and continuing bonus
eligibility if a holder accepts employment as principal or in
another school level instructional leadership position.
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. 3076--A Bill to amend and
reenact §21-3D-1, §21-3D-2, §21-3D-3, §21-3D-4 and §21-3D-7 of the
Code of West Virginia, 1931, as amended, all relating to the
regulation and operation of cranes; providing new definition for
tower crane; establishing certification renewal requirements for
crane operators; providing for automatic certification of certain
crane operators; and creating a penalty for operation of tower cranes without certification.
Referred to the Committee on the Judiciary.
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. 46--Requesting the Committee
on Government and Finance to conduct a study on expanding the scope
of practice for optometrists.
Referred to the Committee on Health and Human Resources; and
then to the Committee on Rules.
A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption of
House Concurrent Resolution No. 47--Requesting the U. S. Route
33 overpass of West Virginia Route 20 at the North Locust Street
Exit at Buckhannon, otherwise known specifically as bridge number
49-33-5.05, be named the "PFC Ronald 'Ronnie' Dean, USMC, Memorial
Bridge".
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. 687, Extending Comprehensive Behavioral Health
Commission expiration date.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 687 (originating in the
Committee on Government Organization)--A Bill to amend and reenact
§16-42-3, §16-42-5, §16-42-6 and §16-42-7 of the Code of West
Virginia, 1931, as amended, all relating to the Comprehensive
Behavioral Health Commission; reestablishing the Comprehensive
Behavioral Health Commission and Advisory Board; reporting
requirements; and terminating the Comprehensive Behavioral Health
Commission and Advisory Board.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Edwin J. Bowman,
Chair.
Senator Bowman, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
Senate Bill No. 767 (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 §9-2-9a, relating to certain contracts for the Medicaid
program; exempting such contracts from the competitive bid process
of the Division of Purchasing; and establishing procedures and
requirements for competitive bidding and the awarding of such
contracts by the Secretary of the Department of Health and Human
Resources.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Edwin J. Bowman,
Chair.
Senator Jenkins, from the Committee on Interstate Cooperation,
submitted the following report, which was received:
Your Committee on Interstate Cooperation has had under
consideration
Senate Concurrent Resolution No. 50 (originating in the
Committee on Interstate Cooperation)--Requesting the Joint
Committee on Government and Finance study barriers to entering into
reciprocal agreements with border states for the advance of hospice
care services to the terminally ill.
Whereas, Hospice is a comprehensive service providing health
care to terminally ill patients and their families; and
Whereas, Hospices are licensed in this state and certified by
Medicare and Medicaid to provide hospice services in this state; and
Whereas, Hospices in this state are in close proximity to five
border states; and
Whereas, The extension of hospice services to contiguous
states is appropriate in most circumstances, especially in areas
where community services, such as hospitals, public transportation
and personnel, are shared on both sides of the border; and
Whereas, Hospices in this state have been serving residents in
contiguous states for over 20 years; and
Whereas, The Office of Health Facility Certification and
Licensure in this state is responsible for hospice licensure and
certification; and
Whereas, The State Operations Manual for Medicare Hospice
Services provides, when offering services across borders, for the
certification of hospices in the state in which their provider
numbers are based and the qualification of their personnel in all
states in which their services are provided; and
Whereas, The State Operations Manual for Medicare Hospice
Services provides that the involved states should have reciprocal
agreements to allow for cross-border services; and
Whereas, The Office of Health Facility Certification and
Licensure has recently determined through the federal Centers for
Medicare and Medicaid Services that hospice providers are precluded
from providing services to contiguous states without reciprocal agreements, unless they are separately certified in both states;
and
Whereas, West Virginia does not have reciprocal agreements
with other states to provide hospice services, but the general
welfare of terminally ill patients and business would be enhanced
with such agreements; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study barriers to entering into reciprocal agreements
with border states for the advance of hospice care services to the
terminally ill; and, be it
Further Resolved, That the Joint Committee on Government and
Finance study opportunities to allow hospice providers to serve
patients in contiguous states without requiring separate Medicare
provider numbers; and, be it
Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 2010, on
its findings, conclusions and recommendations, together with drafts
of any legislation necessary to effectuate its recommendations;
and, be it
Further Resolved, That the expenses necessary to conduct this
study, to prepare a report and to draft necessary legislation be
paid from legislative appropriations to the Joint Committee on
Government and Finance.
And reports the same back with the recommendation that it be
adopted.
Respectfully submitted,
Evan H. Jenkins,
Chair.
Senator Chafin announced that in the meeting of the Committee
on Rules previously held, the committee, in accordance with rule
number seventeen of the Rules of the Senate, had removed from the
Senate third reading calendar,
Engrossed Senate Bill No. 430 and
Engrossed Senate Bill No. 762; and from the Senate second reading
calendar,
Senate Bill No. 322, Committee Substitute for Senate Bill
No. 552, Engrossed Committee Substitute for House Bill No. 2660 and
Engrossed House Bill No. 3189.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 49, Requesting Joint
Committee on Government and Finance study benefits of establishing
charter schools.
On unfinished business, coming up in regular order, was
reported by the Clerk.
On motion of Senator Chafin, the resolution was referred to
the Committee on Rules.
The Senate proceeded to the eighth order of business.
Eng. Com. Sub. for Senate Bill No. 142, Relating to Tourism
Development 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, Caruth, Chafin, Deem, Edgell, D. Facemire, K.
Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins,
Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams,
Yost and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
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. 142) 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. 172, Authorizing Department
of Administration 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, K.
Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins,
Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
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. 172) 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, K. Facemyer,
Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler,
Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso,
Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
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. 172) 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 Com. Sub. for Senate Bill No. 282, Relating
to retail liquor licenses' classification.
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, K.
Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins,
Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams,
Yost and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
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. 282) 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. 286,
Expanding prepaid limited health service organizations services.
On third reading, coming up in regular order, was reported by
the Clerk.
At the request of Senator Chafin, unanimous consent being
granted, the bill was laid over one day, retaining its place on the
calendar.
Eng. Com. Sub. for Senate Bill No. 326, Mandating certain
dental anesthesia insurance coverage.
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, K.
Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins,
Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams,
Yost and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
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. 326) 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. 327, Relating to
mini-trucks registration and operation.
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, K.
Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins,
Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams,
Yost and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
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. 327) 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. 408, Relating to model
health plan for uninsurable individuals.
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, K.
Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins,
Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams,
Yost and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
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. 408) 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. 430, Prohibiting premium subsidies for certain public employees.
Having been removed from the Senate third reading calendar in
earlier proceedings today, no further action thereon was taken.
Eng. Senate Bill No. 431, Providing in-state medical providers
notice of small group health benefit 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, Caruth, Chafin, Deem, Edgell, D. Facemire, K.
Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins,
Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams,
Yost and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 431) 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. 439, Permitting State
Police Superintendent consult with Insurance Commissioner.
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, K.
Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins,
Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams,
Yost and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
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. 439) passed with its title.
Senator Chafin moved that the bill take effect July 1, 2009.
On this question, the yeas were: Barnes, Boley, Bowman,
Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer,
Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler,
Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso,
Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
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. 439) takes effect July 1, 2009.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Com. Sub. for Senate Bill No. 442,
Requiring State Auditor perform delinquent land sales paper
processing responsibilities.
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, K.
Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins,
Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams,
Yost and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
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. 442) 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. 450, Allowing Public Employees Insurance
Agency enter into capitated provider arrangements.
On third reading, coming up in regular order, was reported by
the Clerk.
At the request of Senator Chafin, unanimous consent being granted, the bill was laid over one day, retaining its place on the
calendar.
Eng. Senate Bill No. 452, Relating to Public Employees
Insurance Agency underwriting nonstate employer groups.
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, K.
Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins,
Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams,
Yost and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 452) 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. 484, Relating to ad valorem
property taxes.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill,
the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K.
Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins,
Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams,
Yost and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
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. 484) 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. 488, Requiring parental consent for minor
using tanning facility.
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, K.
Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins,
Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams,
Yost and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 488) 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. 492, Clarifying certain Public Employees
Insurance Agency retirement requirements.
On third reading, coming up in regular order, was reported by
the Clerk.
At the request of Senator Minard, unanimous consent being
granted, further consideration of the bill was deferred until the
conclusion of bills on today's third reading calendar.
Eng. Senate Bill No. 507, Relating to Clean Coal Technology
Council's powers and duties.
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, K.
Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins,
Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams,
Yost and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 507) 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. 513, Relating to hiring,
termination, transfer and reassignment of school personnel.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill,
the yeas were: Boley, Bowman,
Caruth, Deem, Edgell, D. Facemire, K. Facemyer, Foster, Guills,
Hall, Helmick, Jenkins, Kessler, McCabe, Oliverio, Palumbo,
Plymale, Prezioso, Snyder, Stollings, Sypolt, Wells and Tomblin
(Mr. President)--23.
The nays were: Barnes, Browning, Chafin, Fanning, Green,
Laird, Minard, Unger, White, Williams and Yost--11.
Absent: None.
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. 513) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Boley, Bowman, Caruth, Deem,
Edgell, D. Facemire, K. Facemyer, Foster, Guills, Hall, Helmick,
Jenkins, Kessler, McCabe, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Wells and Tomblin (Mr. President)--23.
The nays were: Barnes, Browning, Chafin, Fanning, Green,
Laird, Minard, Unger, White, Williams and Yost--11.
Absent: None.
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. 513) 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 Com. Sub. for Senate Bill No. 532, Creating
WV SAFE Mortgage Licensing 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, Caruth, Chafin, Deem, Edgell, D. Facemire, K.
Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins,
Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams,
Yost and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
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. 532) passed with its title.
Senator Chafin moved that the bill take effect July 1, 2009.
On this question, the yeas were: Barnes, Boley, Bowman,
Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer,
Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler,
Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso,
Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for Com. Sub. for S. B. No. 532) takes effect July 1,
2009.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Senate Bill No. 561, Requiring county land
surveyors be licensed.
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: Bowman, Browning,
Chafin, K. Facemyer, Foster, Green, Guills, Helmick, Jenkins,
Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams,
Yost and Tomblin (Mr. President)--26.
The nays were: Barnes, Boley, Caruth, Deem, Edgell, D.
Facemire, Fanning and Hall--8.
Absent: None.
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. 561) 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. 585, Limiting amount of
free residential solid waste disposal.
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, K.
Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins,
Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams,
Yost and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
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. 585) 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. 610, Relating to Film Industry Investment
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, Caruth, Chafin, Deem, Edgell, D. Facemire, K.
Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins,
Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams,
Yost and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 610) 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. 613, Clarifying coalbed
methane notice requirements.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill,
the yeas were: Barnes, Boley,
Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins,
Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams,
Yost and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
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. 613) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
At the request of Senator Browning, and by unanimous consent,
the Senate returned to the second order of business and the
introduction of guests.
The Senate again proceeded to the eighth order of business.
Eng. Com. Sub. for Senate Bill No. 621, Allowing private
property owner to prohibit concealed weapons.
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, K.
Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins,
Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
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. 621) 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. 658, Authorizing Auditor
and Treasurer contract emergency banking services.
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, K.
Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins,
Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams,
Yost and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
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. 658) 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. 666, 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: Bowman, Browning,
Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning,
Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird,
McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Wells, Williams, Yost and Tomblin (Mr.
President)--30.
The nays were: Barnes, Boley, Unger and White--4.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 666) 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. 672, Creating Mental Health
Stabilization Act of 2009.
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, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins,
Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams,
Yost and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
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. 672) passed with its title.
Senator Chafin moved that the bill take effect July 1, 2009.
On this question, the yeas were: Barnes, Boley, Bowman,
Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer,
Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler,
Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso,
Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
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. 672) takes effect July 1, 2009.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Senate Bill No. 674, Requiring Division of Personnel Director develop demographic information survey.
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, K.
Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins,
Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams,
Yost and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
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. 674) 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. 693, Authorizing processing
fee to be used for Secretary of State's technology 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, K.
Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins,
Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams,
Yost and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
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. 693) passed with its title
Senator Chafin moved that the bill take effect July 1, 2009.
On this question, the yeas were: Barnes, Boley, Bowman,
Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer,
Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler,
Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso,
Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
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. 693) takes effect July 1, 2009.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
At the request of Senator Wells, and by unanimous consent, the
Senate returned to the second order of business and the
introduction of guests.
The Senate again proceeded to the eighth order of business.
Eng. Com. Sub. for Senate Bill No. 695, Relating to payment
for certain state employees' unused sick leave.
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, K.
Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins,
Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams,
Yost and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
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. 695) 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, K. Facemyer,
Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler,
Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso,
Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
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. 695) 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. 706, Creating State Police
leave donation program.
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, K.
Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins,
Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams,
Yost and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
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. 706) passed with its title
Senator Chafin moved that the bill take effect July 1, 2009.
On this question, the yeas were: Barnes, Boley, Bowman,
Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler,
Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso,
Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
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. 706) takes effect July 1, 2009.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 719, Allowing certain police officers
keep weapon after retirement.
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, K.
Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins,
Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams,
Yost and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S.
B. No. 719) 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. 753, Relating to land development
ordinances.
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, K.
Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins,
Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale,
Prezioso, Stollings, Sypolt, Wells, White, Williams, Yost and
Tomblin (Mr. President)--32.
The nays were: Snyder and Unger--2.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 753) 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. 761, Relating to illegal entries upon
certain property.
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, K.
Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins,
Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams,
Yost and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 761) 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. 762, Relating to volunteer firefighters'
Length of Service Awards Program.
Having been removed from the Senate third reading calendar in
earlier proceedings today, no further action thereon was taken.
Eng. Senate Bill No. 763, Clarifying Racing Commission's
authority over certain thoroughbred race horses' registration.
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, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins,
Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams,
Yost and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 763) 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. 764, Providing race election results
certification procedure.
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, K.
Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins,
Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams,
Yost and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S.
B. No. 764) 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, K. Facemyer,
Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler,
Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso,
Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
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. 764) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
The end of today's third reading calendar having been reached,
the Senate returned to the consideration of
Eng. Senate Bill No. 492, Clarifying certain Public Employees
Insurance Agency retirement requirements.
On third reading, coming up in deferred order, was read a 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, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins,
Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams,
Yost and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 492) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Chafin, the Senate recessed until 5 p.m.
today.
Upon expiration of the recess, the Senate reconvened and
proceeded to the ninth order of business.
Com. Sub. for Com. Sub. for Senate Bill No. 17, Increasing
certain Cultural Facilities and Capitol Resources Matching Grant
Program Fund allocations.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 63, Increasing deposit from State Excess
Lottery Revenue Fund to Higher Education Improvement Fund.
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. 78, Relating to
special license plates.
On second reading, coming up in regular order, was reported by
the Clerk.
At the request of Senator Unger, unanimous consent being
granted, further consideration of the bill was deferred until the
conclusion of bills on today's second reading calendar.
Com. Sub. for Senate Bill No. 84, Authorizing municipalities
to provide free parking for certain veterans.
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. 227, Authorizing Department of
Revenue promulgate legislative rules.
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. 246, Relating to unemployment
compensation generally.
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. 257, Creating nonvoting student
member position on county boards of education.
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. 258, Clarifying local fiscal
bodies cannot be held liable for certain deficits.
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. 271, Requiring write-in
candidates pay filing 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. 274, Allowing county boards of
education enter into lease-purchase agreements.
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. 278, Creating felony offense of
willful failure to provide certain drug benefits.
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. 297, Creating
Alternative and Renewable Energy Portfolio Act.
On second reading, coming up in regular order, was read a
second time.
On motion of Senator Deem, the following amendment to the bill
was reported by the Clerk and adopted:
O
n page eleven, section three, line one hundred thirty-one, after the word "ethanol" by inserting the words "not produced from
corn".
The bill (Com. Sub. for Com. Sub. for S. B. No. 297), as
amended, was then ordered to engrossment and third reading.
Senate Bill No. 322, Exempting certain life insurance policies
from Medicaid assignment.
Having been removed from the Senate second reading calendar in
earlier proceedings today, no further action thereon was taken.
Com. Sub. for Senate Bill No. 378, Relating to concealed
handgun license reciprocity.
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. 398, Imposing
certain restrictions on graduated driver's licenses.
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. 414, Relating to
Pharmaceutical Cost Management Council and health care delivery
systems.
On second reading, coming up in regular order, was read a
second time.
On motion of Senator Prezioso, the following amendments to the
bill were reported by the Clerk, considered simultaneously, and
adopted:
On page forty-three, section ten, line fifteen, by striking
out the word "advocate" and inserting in lieu thereof the word
"director";
On page forty-three, section ten, line twenty-one, by striking
out the word "advocate" and inserting in lieu thereof the word
"director";
And,
On page fifty-nine, section twenty, line thirty-seven, by
striking out the word "advocate" and inserting in lieu thereof the
word "director".
At the request of Senator Helmick, and by unanimous consent,
the bill (Com. Sub. for Com. Sub. for S. B. No. 414), as just
amended,
was advanced to third reading with the right for further
amendments to be considered on that reading.
Senate Bill No. 434, Relating to long-term care policy
insurance agents.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 435, Creating Learn and Earn Cooperative
Education 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. 440, Increasing county litter
control officers' authority.
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. 451, Relating to crime victims'
compensation awards.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 465, Clarifying certain Real
Estate Division's powers.
On second reading, coming up in regular order, was read a
second time.
At the request of Senator Chafin, and by unanimous consent,
the bill was advanced to third reading with the right for
amendments to be considered on that reading.
Senate Bill No. 481, Requiring employers provide certain
documentation to Public Employees Insurance Agency.
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. 485, Requiring
certain students undergo dental examination.
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. 498, Relating to
early childhood education.
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. 534, Authorizing
Chief Technology Officer obtain certain confidential information.
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. 537, Relating to workers'
compensation.
On second reading, coming up in regular order, was read a
second time.
At the request of Senator Chafin, and by unanimous consent,
the bill was advanced to third reading with the right for
amendments to be considered on that reading.
Com. Sub. for Senate Bill No. 552, Relating to affordable
health insurance plan proposals.
Having been removed from the Senate second reading calendar in
earlier proceedings today, no further action thereon was taken.
Senate Bill No. 556, Relating to defensive driving course
points deduction.
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. 592, Creating behavioral health
service provider 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. 600, Relating to coal
reclamation tax.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 620, Revising Municipal Economic Opportunity
Development District Act.
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. 631, Relating to certain
insurance policy cancellation.
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. 634, Relating to
certain volunteering physicians' liability.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 635, Relating to Process for Improving
Education 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. 638, Relating to
higher education capital facilities.
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. 641, Disclosing solid waste
origins at commercial landfills.
On second reading, coming up in regular order, was read a
second time.
The following amendments to the bill, from the Committee on
the Judiciary, were reported by the Clerk, considered
simultaneously, and adopted:
On page two, section four-b, line twenty, after "$500" by
inserting a period and striking out the remainder of the paragraph;
And,
On page two, section four-b, line twenty-four, after "$1,000"
by inserting a period and striking out the remainder of the
paragraph.
The bill (Com. Sub. for S. B. No. 641), as amended, was then
ordered to engrossment and third reading.
Senate Bill No. 645, Relating to municipalities and counties
issuing bonds.
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. 649, Increasing Capitol Building
Commission membership.
On second reading, coming up in regular order, was reported by
the Clerk.
At the request of Senator Chafin, unanimous consent being granted, the bill was laid over one day, retaining its place on the
calendar.
Senate Bill No. 669, Extending Preventative Care Pilot
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. 671, Relating to WV Guardianship
and Conservatorship Act.
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. 677, Requiring certain
corporations provide members' and managers' names upon request.
On second reading, coming up in regular order, was read a
second time.
At the request of Senator Caruth, and by unanimous consent,
the bill was advanced to third reading with the right for
amendments to be considered on that reading.
Senate Bill No. 680, Establishing 2010 calendar year average
motor fuel wholesale price.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 698, Authorizing certain regional water and
wastewater authorities provide joint maintenance to participating
agencies.
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. 702, Changing workers'
compensation purchase date deadline for governmental entities.
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. 714, Relating to alternative
sentencing programs.
On second reading, coming up in regular order, was read a
second time.
On motion of Senator Kessler, the following amendments to the
bill were reported by the Clerk, considered simultaneously, and
adopted:
On page four, section one-a, after line forty-nine, by
inserting a new subsection, designated subsection (b), to read as
follows:
(b) In no event shall any court supervise, direct or manage a
work program.;
And relettering the remaining subsections;
And,
On page five, section one-a, line eighty, by striking out the
words "Community Corrections Board" and inserting in lieu thereof
the words "court's probation officers".
The bill (Com. Sub. for S. B. No. 714), as amended, was then ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 715, Establishing Chesapeake Bay
Restoration Initiative.
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. 724, Relating to
health care provider 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. 740, Relating to obscene,
harassing and threatening communications via the internet.
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. 749, Reviewing certain driver's
license DUI revocation orders.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 756, Increasing military facilities security
guards' patrol areas.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 766, Relating to certain sewer and water
infrastructure projects' engineering services.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Eng. Com. Sub. for House Bill No. 2660, Expanding the
definition of limited health care service.
Having been removed from the Senate second reading calendar in
earlier proceedings today, no further action thereon was taken.
Eng. House Bill No. 3189, Adding members to the Capitol
Building Commission.
Having been removed from the Senate second reading calendar in
earlier proceedings today, no further action thereon was taken.
The end of today's second reading calendar having been
reached, the Senate returned to the consideration of
Com. Sub. for Com. Sub. for Senate Bill No. 78, Relating to
special license plates.
On second reading, coming up in deferred order, was read a
second time.
On motion of Senator Unger, the following amendment to the
bill was reported by the Clerk and adopted:
O
n page sixty-one, section fourteen, after line one thousand
two hundred nineteen, by inserting a new subdivision, designated
subdivision (67), to read as follows:
(67) The division may issue special registration plates to
retirees of a West Virginia law-enforcement agency.
(A) Upon appropriate application, the division shall issue to
any person who has retired from membership in a municipal police department, sheriff's department or the State Police a special
registration plate for any number of vehicles titled in the name of
the qualified applicant with an insignia appropriately designed by
the commissioner. Persons desiring the special registration plate
shall offer sufficient proof of retirement from membership in one
of these West Virginia law-enforcement agencies.
(B) The division shall charge a special one-time initial
application fee of $10 in addition to all other fees required by
law. The special application fee shall be collected by the
division and deposited in the State Road Fund.
(C) An annual fee of $15 shall be charged for each plate in
addition to all other fees required by this chapter.
The bill (Com. Sub. for Com. Sub. for S. B. No. 78), as
amended, was then ordered to engrossment and third reading.
At the request of Senator Deem, and by unanimous consent, the
Senate returned to the sixth order of business, which agenda
includes the making of main motions.
Senator Deem moved that the Senate reconsider the vote by
which on yesterday, Monday, March 30, 2009, it rejected
Eng. Com. Sub. for Senate Bill No. 419, Creating Healthy
Lifestyles Restaurant Calorie Posting Program.
The question being on the adoption of Senator Deem's
aforestated motion, the same was put.
The result of the voice vote being inconclusive, Senator Deem demanded a division of the vote.
A standing vote being taken, there were eighteen "yeas" and
sixteen "nays".
Whereupon, the President declared Senator Deem's
reconsideration motion had prevailed.
The vote thereon having been reconsidered,
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:
On page two, section six, lines seventeen and eighteen, by
striking out the words "that has greater than fifteen locations
nationally" and inserting in lieu thereof the words "in ten or more
other states and".
The bill, as just amended, was again ordered engrossment.
Engrossed Committee Substitute for Senate Bill No. 419 was
then read a third time and put upon its passage.
Pending extended discussion,
The question being "Shall Engrossed Committee Substitute for
Senate Bill No. 419 pass?"
On the passage of the bill, the yeas were: Browning, Chafin,
Deem, Edgell, Foster, Green, Jenkins, Kessler, Laird, McCabe,
Palumbo, Plymale, Prezioso, Snyder, Stollings, Unger, Wells and
Tomblin (Mr. President)--18.
The nays were: Barnes, Boley, Bowman, Caruth, D. Facemire, K.
Facemyer, Fanning, Guills, Hall, Helmick, Minard, Oliverio, Sypolt,
White, Williams and Yost--16.
Absent: None.
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. 419) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Thereafter, at the request of Senator Chafin, and by unanimous
consent, the remarks by Senator Stollings regarding the passage of
Engrossed Committee Substitute for Senate Bill No. 419 were ordered
printed in the Appendix to the Journal.
At the request of Senator Chafin, unanimous consent being
granted, the Senate returned to the fourth order of business.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Com. Sub. for Senate Bill No. 45, Authorizing Department of
Environmental Protection Secretary to sign National Pollutant
Discharge Elimination System permits.
Now on second reading, having been read a first time and
referred to the Committee on the Judiciary on March 26, 2009;
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 338, Creating additional seventeenth judicial
circuit court judge.
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 Com. Sub. for Senate Bill No. 373, Relating to
PROMISE Scholarship.
And has amended same.
Now on second reading, having been read a first time and
rereferred to the Committee on Finance on March 30, 2009;
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Plymale, unanimous consent being
granted, the bill (Com. Sub. for Com. Sub. for S. B. No. 373)
contained in the preceding report from the Committee on Finance was
taken up for immediate consideration and read a second time.
The following amendments to the bill, from the Committee on
Finance, were reported by the Clerk, considered simultaneously, and
adopted:
On pages twenty-seven and twenty-eight, section seven, by
striking out all of subsection (c) and inserting in lieu thereof a
new subsection (c), to read as follows:
(c) For the fiscal year beginning July 1, 2006, it is the
intent of the Legislature that the aggregate of the amount of
moneys transferred to the fund pursuant to section eighteen-a,
article twenty-two, chapter twenty-nine of this code, and any other
amounts of public moneys that may be transferred to the fund by
appropriation of the Legislature, shall equal, but may not exceed,
$40 million. For each fiscal year thereafter until and including
the fiscal year ending June 30, 2009, it is the intent of the
Legislature that this aggregate be an amount two percent greater
than the aggregate established by this subsection for the prior
fiscal year. For the fiscal year beginning July 1, 2009, it is the intent of the Legislature that the aggregate of the amount of
moneys transferred to the fund pursuant to section eighteen-a,
article twenty-two, chapter twenty-nine of this code and any other
amounts of public moneys that may be transferred to the fund by
appropriation of the Legislature, shall equal, but may not exceed,
$44,448,320. For the fiscal year beginning July 1, 2010, it is the
intent of the Legislature that this aggregate be an amount four
percent greater than the aggregate established by this subsection
for the prior fiscal year. For the fiscal year beginning July 1,
2011, and in each fiscal year thereafter, it is the intent of the
Legislature that this aggregate not exceed the aggregate
established by this subsection for the fiscal year beginning July
1, 2010.;
On page thirty, section eighteen-a, line ten, by striking out
"(d)" and inserting in lieu thereof "(e)";
On page thirty-one, section eighteen-a, line four, by striking
out "(d)" and inserting in lieu thereof "(e)";
On page thirty-one, section eighteen-a, line sixteen, after
the word "years" by inserting the words "through the fiscal year
ending June 30, 2009";
On page thirty-one, section eighteen-a, line eighteen, by
striking out "$29" and inserting in lieu thereof "$27";
On page thirty-one, section eighteen-a, line twenty-two, by
striking out "(d)" and inserting in lieu thereof "(e)";
On page thirty-two, section eighteen-a, line sixteen, by
striking out "(d)" and inserting in lieu thereof "(e)";
On page thirty-three, section eighteen-a, line one, by
striking out "(d)" and inserting in lieu thereof "(e)";
On page thirty-three, section eighteen-a, after line four, by
adding a new subsection, designated subsection (d), to read as
follows:
(d) For the fiscal year beginning July 1, 2009, and subsequent
fiscal years, the commission shall deposit: (1) $65 million into
the General Purpose Account to be expended pursuant to
appropriation of the Legislature; (2) $29 million into the
Education Improvement Fund for appropriation by the Legislature to
the PROMISE Scholarship Fund created in section seven, article
seven, chapter eighteen-c of this code; (3) $19 million into the
Economic Development Project Fund created in subsection (e) of this
section for the issuance of revenue bonds and to be spent in
accordance with the provisions of said subsection; (4) $19 million
into the Excess Lottery School Building Debt Service Fund created
in section six, article nine-d, chapter eighteen of this code; (5)
$40 million into the West Virginia Infrastructure Fund created in
section nine, article fifteen-a, chapter thirty-one of this code to
be spent in accordance with the provisions of said article; (6) $10
million into the Higher Education Improvement Fund for Higher
Education; and (7) $5 million into the State Park Improvement Fund for Park Improvements. No portion of the distributions made as
provided in this subsection and subsection (b) of this section,
except distributions made in connection with bonds issued under
subsection (e) of this section, may be used to pay debt service on
bonded indebtedness until after the Legislature expressly
authorizes issuance of the bonds and payment of debt service on the
bonds through statutory enactment or the adoption of a concurrent
resolution by both houses of the Legislature. Until subsequent
legislative enactment or adoption of a resolution that expressly
authorizes issuance of the bonds and payment of debt service on the
bonds with funds distributed under this subsection and subsection
(b) of this section, except distributions made in connection with
bonds issued under subsection (e) of this section, the
distributions may be used only to fund capital improvements that
are not financed by bonds and only pursuant to appropriation of the
Legislature.;
And by relettering the remaining subsections;
On page thirty-four, section eighteen-a, line eight, by
striking out "and (c)" and inserting in lieu thereof a comma and
"(c) and (d)";
On page forty-one, section eighteen-a, line one, by striking
out "(h)" and inserting in lieu thereof "(i)";
And,
On page forty-one, section eighteen-a, line fourteen, by striking out "(h)" and inserting in lieu thereof "(i)".
The bill (Com. Sub. for Com. Sub. for S. B. No. 373), as
amended, was then ordered to engrossment and third 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
Com. Sub. for Senate Bill No. 472, Revising certain outdoor
advertising restrictions.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 580, Excluding certain taxicab companies from
Workers' Compensation Fund liability.
And reports the same back with the recommendation that it do
pass; but under the original double committee reference first be
referred to the Committee on Finance.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Helmick, as chair of the Committee
on Finance, unanimous consent was granted to dispense with the
second committee reference of the bill contained in the foregoing
report from the Committee on the Judiciary.
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. 639, Relating to Public Records
Management and Preservation Act.
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.
At the request of Senator Helmick, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 639) contained in the
preceding report from the Committee on Finance was taken up for
immediate consideration, read a second time and ordered to
engrossment and third 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. 667, Prohibiting certain panhandling and
solicitation.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 667 (originating in the
Committee on the Judiciary)--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §7-1-3pp, relating to authorizing county commissions to
enact ordinances relating to prohibiting panhandling and
solicitation; defining panhandling; and providing maximum criminal
penalties.
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
Com. Sub. for Senate Bill No. 678 (originating in the
Committee on Government Organization), Creating High-Technology
Business Property Valuation Act.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Com. Sub. for Senate Bill No. 678 (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 §11-6J-1, §11-6J-2, §11-6J-3, §11-6J-4, §11-6J-5, §11-
6J-6 and §11-6J-7; and to amend and reenact §11-15-8d and §11-15-9h
of said code, all relating to taxation; providing mandated salvage
valuation of certain high-technology businesses' property; defining
terms; specifying method for valuation of property; specifying
initial determination by county assessor; specifying procedure for
protest and appeal; specifying limitations on right to assert
exemptions; exempting certain items installed into building or
facility for direct use in specified business activity; specifying
effective dates; and requiring reports to the Legislature.
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. 692, Creating Office of Miners' Health, Safety
and Training administrative law judge office.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 692 (originating in the
Committee on the Judiciary)--A Bill to amend and reenact §22A-5-1
and §22A-5-2 of the Code of West Virginia, 1931, as amended; and to
amend said code by adding thereto two new sections, designated
§22A-5-3 and §22A-5-4, all relating to creating a full-time
administrative law judge for the Office of Miners' Health, Safety
and Training; providing the method for appointment of members of
the board; transferring powers to the board; requiring contested
cases follow provisions of chapter twenty-nine-a of said code; and
clarifying board's authority as to certain types of violations.
With the recommendation that the committee substitute do pass;
but under the original double committee reference first be referred
to the Committee on Finance.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Helmick, as chair of the Committee
on Finance, unanimous consent was granted to dispense with the
second committee reference of the bill contained in the foregoing
report from the Committee on the Judiciary.
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. 718, Allowing certain counties and municipalities increase proportionate share of lottery table games
receipts.
And has amended same.
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, as amended.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being
granted, the bill (S. B. No. 718) contained in the preceding report
from the Committee on Finance was taken up for immediate
consideration and read a second time.
The following amendment to the bill, from the Committee on
Finance, was reported by the Clerk and adopted:
By striking out everything after the enacting section and
inserting in lieu thereof the following:
ARTICLE 22C. WEST VIRGINIA LOTTERY RACETRACK TABLE GAMES ACT.
§29-22C-27. West Virginia Lottery Racetrack Table Games Fund;
Community-Based Service Fund; State Debt Reduction
Fund; distribution of funds.
(a)(1) There is hereby created and established a The special
fund in the State Treasury to be known as the West Virginia Lottery Racetrack Table Games Fund is continued and all tax collected under
this article shall be deposited with the State Treasurer and placed
in the West Virginia Lottery Racetrack Table Games Fund. The fund
shall be an interest-bearing account with all interest or other
return earned on the money of the fund credited to and deposited in
the fund.
(2) Notwithstanding any provision of this article to the
contrary, all racetrack table games license fees received by the
commission pursuant to section eight of this article shall be
deposited into the Community-Based Service Fund which is hereby
created in the State Treasury. Moneys of the fund shall be
expended by the Bureau of Senior Services upon appropriation of the
Legislature solely for the purpose of enabling the aged and
disabled citizens of this state to maintain their residency in the
community-based setting through the provision of home and
community-based services.
(b) From the gross amounts deposited into the Racetrack Table
Games Fund pursuant to subsection (a) of this section, the
commission shall:
(1) Retain an amount three percent of adjusted gross receipts
for the administrative expenses of the commission as determined by
the commission in accordance with subsection (d) (e) of this
section;
(2) Transfer two and one-half percent of adjusted gross receipts from all thoroughbred racetracks with West Virginia
Lottery table games to the special funds established by each
thoroughbred racetrack table games licensees for the payment of
regular racetrack purses, such the amount being divided equally
between such the special funds of each thoroughbred racetrack table
games licensee and transfer two and one-half percent of adjusted
gross receipts from all greyhound racetracks with West Virginia
Lottery table games to the special funds established by each
greyhound racetrack table games licensees for the payment of
regular racetrack purses, such the amount being divided equally
between such the special funds of each greyhound racetrack table
games licensee;
(3) Transfer two percent of the adjusted gross receipts from
all licensed racetracks to the Thoroughbred Development Fund
created under section thirteen-b, article twenty-three, chapter
nineteen of this code and the Greyhound Breeding Development Fund
created under section ten of said article. The total amount
transferred under this subdivision shall be divided pro rata among
the development funds for each racetrack table games licensee based
on relative adjusted receipts from each racetrack. No portion of
the amounts transferred to these funds may be used for the benefit
of any person or activity other than at or associated with a
racetrack table games licensee;
(4) Transfer one percent of the adjusted gross receipts from each licensed racetrack to the county commissions of the counties
where racetracks with West Virginia Lottery table games are
located. The one percent transferred under this subdivision shall
be divided pro rata among the counties with a racetrack with West
Virginia Lottery table games based on relative adjusted gross
receipts from each county's racetrack: Provided, That the county
board of education of a growth county, as that term is defined in
section three, article twenty, chapter seven of this code, which
has enacted the Local Powers Act, and in which county a racetrack
is located that has participated in the West Virginia Thoroughbred
Development Fund since on or before January 1, 1991, shall receive
the one percent of adjusted gross receipts as provided in this
subdivision for the purpose of capital improvements;
(5) Transfer two percent of the adjusted gross receipts from
each licensed racetrack to the governing bodies of municipalities
within counties where racetracks with West Virginia Lottery table
games are located, which shall be allocated as follows:
(A) One half of the amounts transferred under this subdivision
shall be allocated to the municipalities within each county having
a racetrack table games licensee, based on relative adjusted gross
receipts from West Virginia Lottery table games from those
racetracks and the total amount allocated to the municipalities
within a county shall be divided pro rata among the municipalities
based on each municipality's population determined at the most recent United States decennial census of population: Provided,
That: (i) For each allocation, when a municipality is physically
located in two or more counties, only that portion of its
population residing in the county where the authorized table games
are located shall be considered; (ii) no single municipality in a
county where West Virginia Lottery racetrack table games are played
may receive a total share under this part A paragraph that is in
excess of seventy-five percent of the total distribution under this
part A paragraph for the county in which the municipality is
located; and (iii) no municipality receiving moneys under this part
A paragraph shall receive an amount which is less than that
received by a municipality under provisions of subdivision four
(4), subsection (c) (d) of this section; and
(B) One half of the amounts transferred under this subdivision
shall be allocated pro rata to the municipalities within all the
counties, having a racetrack table games licensee based on each
municipality's population determined at the most recent United
States decennial census of population: Provided, That: (i) No
municipality which received funds above its pro rata share pursuant
to subpart (iii), of part A above paragraph (A) of this subdivision
shall receive an allocation under this part B paragraph; (ii) for
each allocation, when a municipality is physically located in two
or more counties, only that portion of its population residing in
the county where the authorized table games are located shall be considered; and (iii) no single municipality in a county where West
Virginia Lottery racetrack games are played may receive a total
share under this part (B) paragraph that is in excess of twenty-
five percent of the total transfers under this part (B) paragraph:
Provided, however, That the county board of education of a growth
county, as that term is defined in section three, article twenty,
chapter seven of this code, which has enacted the Local Powers Act,
and in which county a racetrack is located that has participated in
the West Virginia Thoroughbred Development Fund since on or before
January 1, 1991, shall receive the two percent of adjusted gross
receipts as provided in this subdivision for the purpose of capital
improvements;
(6) Transfer one half of one percent of the adjusted gross
receipts to the governing bodies of municipalities in which a
racetrack table games licensee is located, which. The
municipalities shall each receive an equal share of the total
amount allocated under this subdivision: Provided, That no
distribution under this subdivision shall not be made to any
municipality which did not have a licensed racetrack within its
municipal boundaries as they existed on January 1, 2007: Provided,
however, That if no racetrack table games licensee is located
within a municipality, no transfer shall be made under this
subdivision; and
(7) Distribute the remaining amounts, hereinafter referred to as the net amounts in the Racetrack Table Games Funds, in
accordance with the provisions of subsection (c) of this section.
(c) Beginning with the fiscal year following the licensing by
the commission of every pari-mutuel racetrack authorized by section
one, article twenty-three, chapter nineteen of this code to offer
West Virginia Lottery racetrack table games, subsection (b) of this
section shall be superseded and replaced by this subsection for
distribution of the balances in the fund established by subsection
(a) of this section. From the gross amounts deposited into the
fund, the commission shall:
(1) Retain four percent of adjusted gross receipts for the
administrative expenses of the commission as determined by the
commission in accordance with subsection (e) of this section;
(2) Transfer two and one-half percent of adjusted gross
receipts from all thoroughbred racetracks with West Virginia
Lottery table games to the special funds established by each
thoroughbred racetrack table games licensees for the payment of
regular racetrack purses, the amount being divided equally between
the special funds of each thoroughbred racetrack table games
licensee and transfer two and one-half percent of adjusted gross
receipts from all greyhound racetracks with West Virginia Lottery
table games to the special funds established by each greyhound
racetrack table games licensees for the payment of regular
racetrack purses, the amount being divided equally between the special funds of each greyhound racetrack table games licensee;
(3) Transfer two percent of the adjusted gross receipts from
all licensed racetracks to the Thoroughbred Development Fund
created under section thirteen-b, article twenty-three, chapter
nineteen of this code and the Greyhound Breeding Development Fund
created under section ten of said article. The total amount
transferred under this subdivision shall be divided pro rata among
the development funds for each racetrack table games licensee based
on relative adjusted receipts from each racetrack. No portion of
the amounts transferred to these funds may be used for the benefit
of any person or activity other than at or associated with a
racetrack table games licensee;
(4)Transfer two percent of the adjusted gross receipts from
each licensed racetrack to the county commissions of the counties
where racetracks with West Virginia Lottery table games are
located. The money transferred under this subdivision shall be
divided pro rata among the counties with a racetrack with West
Virginia Lottery table games based on relative adjusted gross
receipts from each county's racetrack: Provided, That the county
board of education of a growth county, as that term is defined in
section three, article twenty, chapter seven of this code, which
has enacted the Local Powers Act, and in which a racetrack is
located that has participated in the West Virginia Thoroughbred
Development Fund since on or before January 1, 1991, shall receive one half of that county's share of adjusted gross receipts as
provided in this subdivision for the purpose of capital
improvements;
(5) Transfer three percent of the adjusted gross receipts from
each licensed racetrack to the governing bodies of municipalities
within counties where racetracks with West Virginia Lottery table
games are located, which shall be allocated as follows:
(A) One half of the money transferred by this subdivision
shall be allocated to the municipalities within each county, other
than those counties that have enacted the Local Powers Act, having
a racetrack table games licensee based on relative adjusted gross
receipts from West Virginia Lottery table games from those
racetracks and the total amount allocated to the municipalities
within a county shall be divided pro rata among the municipalities
based on each municipality's population determined at the most
recent United States decennial census of population: Provided,
That: (i) For each allocation, when a municipality is physically
located in two or more counties, only that portion of its
population residing in the county where the authorized table games
are located shall be considered; (ii) no single municipality in a
county where West Virginia Lottery racetrack table games are played
may receive a total share under this paragraph that is in excess of
seventy-five percent of the total distribution under this paragraph
for the county in which the municipality is located; and (iii) no municipality receiving moneys under this paragraph shall receive an
amount which is less than that received by a municipality under
provisions of subdivision four, subsection (d) of this section.
(B) One half of the money transferred under this subdivision
shall be allocated pro rata to the municipalities within all the
counties, other than those counties that have enacted the Local
Powers Act, having a racetrack table games licensee based on each
municipality's population determined at the most recent United
States decennial census of population: Provided, That: (i) A
municipality which received funds above its pro rata share pursuant
to subparagraph (iii), paragraph (A) of this subdivision shall not
receive an allocation under this paragraph; (ii) for each
allocation, when a municipality is physically located in two or
more counties, only that portion of its population residing in the
county where the authorized table games are located shall be
considered; and (iii) no single municipality in a county where West
Virginia Lottery racetrack games are played may receive a total
share under this paragraph that is in excess of twenty-five percent
of the total transfers under this paragraph.
(C) Notwithstanding the provisions of paragraphs (A) and (B)
of this subdivision, when a racetrack is located in a growth
county, as that term is defined in section three, article twenty,
chapter seven of this code, which has enacted the Local Powers Act,
and in which county a racetrack is located that has participated in the West Virginia Thoroughbred Development Fund since on or before
January 1, 1991, the board of education of the county shall receive
two thirds of the share of adjusted gross receipts from West
Virginia Lottery table games from the racetrack in the county as
provided in this subsection and the municipalities within the
county shall share the remaining one third of the total amount
allocated as provided in this paragraph. The municipal one third
share shall be divided pro-rata among the municipalities based on
each municipality's population determined at the most recent United
States decennial census of population. All money transferred under
this paragraph shall be used by the board of education and by the
municipalities for the purpose of capital improvements;
(6) Transfer one half of one percent of the adjusted gross
receipts to the governing bodies of municipalities in which a
racetrack table games licensee is located. The municipalities
shall each receive an equal share of the total amount allocated
under this subdivision: Provided, That distribution under this
subdivision shall not be made to any municipality which did not
have a licensed racetrack within its municipal boundaries as they
existed on January 1, 2007: Provided, however, That if no
racetrack table games licensee is located within a municipality, a
transfer shall not be made under this subdivision; and
(7) Distribute the remaining amounts, hereinafter referred to
as the net amounts in the Racetrack Table Games Funds, in accordance with the provisions of subsection (d) of this section.
(c) (d) From the net amounts in the Racetrack Table Games
Fund, the commission shall:
(1) Transfer seventy-six percent to the State Debt Reduction
Fund which is hereby created in the State Treasury. Moneys of the
fund shall be expended solely for the purpose of accelerating the
reduction of existing unfunded liabilities and existing bond
indebtedness of the state and shall be expended or transferred only
upon appropriation of the Legislature;
(2) Transfer four percent, divided pro rata based on relative
adjusted gross receipts from the individual licensed racetracks for
and on behalf of all employees of each licensed racing association,
into a special fund to be established by the Racing Commission to
be used for payment into the pension plan for all employees of each
licensed racing association;
(3) Transfer ten percent, to be divided and paid in equal
shares, to each county commission in the state that is not eligible
to receive a distribution under subdivision (4), subsection (b) of
this section: Provided, That funds transferred to county
commissions under this subdivision shall be used only to pay
regional jail expenses and the costs of infrastructure improvements
and other capital improvements. ; and
(4) Transfer ten percent, to be divided and paid in equal
shares, to the governing bodies of each municipality in the state that is not eligible to receive a distribution under subdivisions
(5) and (6), subsection (b) of this section: Provided, That funds
transferred to municipalities under this subdivision shall be used
only to pay for debt reduction in municipal police and fire pension
funds and the costs of infrastructure improvements and other
capital improvements.
(d) (e) All expenses of the commission incurred in the
administration and enforcement of this article shall be paid from
the Racetrack Table Games Fund, including reimbursement of state
law-enforcement agencies for services performed at the request of
the commission pursuant to this article. At no time may the The
commission's expenses associated with a particular racetrack with
authorized table games under this article exceed three percent of
the total annual adjusted gross receipts received from that
licensee's operation of table games under this article, including,
but not limited to, the rate stated in either subdivision (1),
subsection (b) of this section or subdivision (1), subsection (c)
of this section, depending on the number of racetracks with table
game licenses, and all license fees or other amounts attributable
to the licensees operation of table games under this article. These
expenses shall either be allocated to the racetrack with West
Virginia Lottery table games for which the expense is incurred, if
practicable, or be treated as general expenses related to all
racetrack table games facilities and be allocated pro rata among the racetrack table games facilities based on the ratio that annual
adjusted gross receipts from operation of table games at each
racetrack with West Virginia Lottery table games bears to total
annual adjusted gross receipts from operation of table games at all
racetracks with West Virginia Lottery table games during the fiscal
year of the state. From this allowance, the commission shall
transfer at least $100,000 but not more than $500,000 into the
Compulsive Gambling Treatment Fund created in section nineteen,
article twenty-two-a of this chapter.
The bill (S. B. No. 718), as amended, was then ordered to
engrossment and third 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. 728, Creating WV Commercial Patent Incentives
Tax Act.
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 it do
pass.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being granted, the bill (S. B. No. 728) contained in the preceding report
from the Committee on Finance was taken up for immediate
consideration and read a second time.
At the request of Senator Caruth, and by unanimous consent,
the bill was advanced to third reading with the right for
amendments to be considered on that reading.
Pending announcement of meetings of standing committees of the
Senate, including the Committee on Rules,
On motion of Senator Chafin, the Senate adjourned until
tomorrow, Wednesday, April, 1, 2009, at 11 a.m.
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