sdj-51st day
WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-NINTH LEGISLATURE
REGULAR SESSION, 2010
FIFTY-FIRST DAY
____________
Charleston, W. Va., Thursday, March 4, 2010
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by the Reverend Mark Patton, Senior Pastor,
Spring Hill Baptist Church, South Charleston, West Virginia.
Pending the reading of the Journal of Wednesday, March 3,
2010,
On motion of Senator Foster, 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. 3152--A Bill to amend the
Code of West Virginia, 1931, as amended, by adding thereto a new
article, designated §30-20A-1 and §30-20A-2, all relating to athletic trainers; restricting the use of certain titles; providing
for registration of athletic trainers; and establishing
registration criteria.
Referred to the Committee on Government Organization.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the Senate amendments to, and the
passage as amended, with its Senate amended title, of
Eng. Com. Sub. for House Bill No. 4128, Relating to insurance
companies deemed to be in hazardous financial condition.
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. 4130--A Bill to amend and
reenact §3-1A-1, §3-1A-4 and §3-1A-5 of the Code of West Virginia,
1931, as amended; and to amend said code by adding thereto a new
article, designated §3-12-1, §3-12-2, §3-12-3, §3-12-4, §3-12-5,
§3-12-6, §3-12-7, §3-12-8, §3-12-9, §3-12-10, §3-12-11, §3-12-12,
§3-12-13, §3-12-14, §3-12-15, §3-12-16 and §3-12-17, all relating
to creating the West Virginia Supreme Court of Appeals Public
Campaign Financing Pilot Program; giving additional duties and per
diem pay to the State Election Commission; authorizing the State
Election Commission to use video, telephone and Internet
conferencing; providing alternative public campaign financing
option for candidates for the West Virginia Supreme Court of Appeals in 2012; setting forth short title and certain legislative
findings and declarations; defining terms; specifying that the
provisions of the act are applicable to candidates for the West
Virginia Supreme Court of Appeals in the 2012 primary and general
elections; establishing the Supreme Court of Appeals Public
Campaign Financing Fund and sources of revenue for the fund;
authorizing transfer from the Purchasing Card Administration Fund
to the fund for three years; authorizing attorney fees; authorizing
fair administration of justice court fees; requiring an applicant
for public campaign financing to complete a declaration of intent
and setting forth the manner in which an application for funding
may be made; setting forth eligibility criteria for qualifying
candidates; allowing participating candidates to raise funds from
private sources and spend exploratory contributions; requiring
candidates seeking public campaign funds to collect a required
number of qualifying contributions; requiring candidates to provide
detailed receipts to contributors and to the state Election
Commission for exploratory and qualifying contributions; requiring
participating candidates to comply with all provisions of the act;
requiring the state Election Commission to certify eligible
candidates and setting forth the procedure for certification;
providing for challenges to certification; providing for revocation
of certification; providing for withdrawal from program; providing
for distribution of funds from the Public Campaign Financing Fund to qualified candidates for funding election campaigns; specifying
the amount of funds available for each candidate and when the funds
become available; setting forth restrictions on participating
candidates' contributions and spending; prohibiting participating
candidates from accepting private contributions other than as
specifically set forth in the act; providing for repayment of funds
under certain circumstances; prohibiting the use of personal funds
for certain purposes; permitting qualified candidates to raise
funds from private sources when there is insufficient money in the
Public Campaign Financing Fund to make a complete distribution to
all qualified candidates; requiring certain disclosures; requiring
candidates to keep records and report to the state Election
Commission; providing for additional funds when independent
expenditures or opponent expenditures exceed certain limits;
setting forth certain duties of the state Election Commission and
the Secretary of State; authorizing legislative rules; authorizing
the creation of a voters' guide; providing for the deposit of
certain revenue into the fund; requiring repayment of excessive
expenditures by candidates; providing both civil and criminal
penalties for violations of the act; and expiring the act in 2013.
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 and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 4155--A Bill to amend and
reenact §8-15-8b of the Code of West Virginia, 1931, as amended,
relating to permitting revenues allocated to volunteer and part
time fire departments to be used for Workers' Compensation
premiums; and revising references.
Referred to the Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 4167--A Bill to amend and
reenact §17C-5A-3 of the Code of West Virginia, 1931, as amended,
relating to creation of a special revenue account, known as the
Department of Health and Human Resources Safety and Treatment Fund;
making a one-time transfer of monies into the fund; providing rule-
making authority; and control and use of the fund by the agency.
Referred to the Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 4172--A Bill to amend and
reenact §17A-3-14 of the Code of West Virginia, 1931, as amended,
relating to authorizing the Division of Motor Vehicles to issue
special license plates for members of certain organizations upon approval of the commissioner; establishing requirements for
eligible organizations; assessing a special initial application fee
and a special annual fee; discontinuance of a specialty plate; and
establishing a minimum number of applications for the special
plates prior to the design and production of the plates.
Referred to the Committee on Transportation and
Infrastructure.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. House Bill No. 4177--A Bill to amend and reenact §11-13A-
5a of the Code of West Virginia, 1931, as amended, relating to
dedicating five percent of coal severance tax to the county of
origin and providing permissible uses for the moneys.
Referred to the Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 4201--A Bill to amend the
Code of West Virginia, 1931, as amended, by adding thereto a new
article, designated §19-1C-1, §19-1C-2, §19-1C-3, §19-1C-4, §19-1C-
5 and §19-1C-6, all relating to establishing the Livestock Care
Standards Board; defining terms; specifying conditions of
membership and the qualifications, terms and compensation of members; authorizing legislative rulemaking; and providing for
meetings of the board.
Referred to the Committee on Agriculture; and then to the
Committee on Government Organization.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 4217--A Bill to amend and
reenact §24-6-5 of the Code of West Virginia, 1931, as amended,
relating to requirements for enhanced emergency telephone systems
and county emergency dispatch centers.
Referred to the Committee on Government Organization; and then
to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 4223--A Bill to amend and
reenact §17C-12-7 of the Code of West Virginia, 1931, as amended;
and to amend and reenact §60A-4-406 of said code, all relating to
increasing the safety of school children that use school buses;
increasing the criminal penalties for failure to stop a vehicle
before reaching a school bus with flashing warning signal lights;
and providing additional circumstances which increase the periods
of ineligibility for parole upon sentences for certain felony convictions for the distribution of controlled substances in the
proximity of students awaiting, boarding or exiting a school bus.
Referred to the Committee on Education; and then to the
Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 4260--A Bill to repeal
§33-12B-2 and §33-12B-13 of the Code of West Virginia, 1931, as
amended; to amend and reenact §33-12B-1, §33-12B-3, §33-12B-5,
§33-12B-9, §33-12B-10 and §33-12B-11 of said code; to amend said
code by adding thereto a new section, designated §33-12B-10a, all
relating to insurance adjusters; defining "home state", and "crop
adjuster"; permitting an adjuster to designate a home state;
establishing a new crop adjuster license and its qualifications;
revising the requirements for nonresident adjusters; granting the
Insurance Commissioner the authority to examine the business
practices of persons holding or applying for adjuster licenses;
revising the licensing renewal requirements; requiring notification
by adjusters of legal actions taken against them; and clarifying
the process to be used concerning adverse administrative actions.
Referred to the Committee on Banking and Insurance; and then
to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 4273--A Bill to amend the
Code of West Virginia, 1931, as amended by adding thereto a new
section, designated §33-46A-4a, all relating to professional
employer organizations; providing that the operation of a
professional employer organization constitutes the "transaction of
insurance" subject to the provisions of article forty-four, chapter
thirty-three of said code; providing that a professional employer
organization operating in this state without a license to do so is
an 'unauthorized insurer' and, upon violation of the provisions of
article forty-four, chapter thirty-three of said code, is guilty of
a felony and providing penalties upon conviction thereof;
subjecting unlicensed professional employer organizations to
penalty and other provisions regulating the unauthorized
transaction of insurance; and authorizing insurance fraud unit to
conduct investigations.
Referred to the Committee on Banking and Insurance; and then
to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 4285--A Bill to amend and
reenact §31-17-4 of the Code of West Virginia, 1931, as amended, and to amend and reenact §31-17A-2, §31-17A-3, §31-17A-4, §31-17A-
6, §31-17A-9, §31-17A-12 and §31-17A-13 of said code, all relating
to the licensing of residential mortgage brokers, lenders and loan
originators by the Division of Banking; definitions; allowing the
Commissioner of Banking to reduce or waive application fees, bond
amounts and net worth requirements of bona-fide nonprofit business
entities, including community housing development organizations;
providing that mortgage loan originators may be employed by or
under contract with only one mortgage broker or lender at any time;
allowing the commissioner to reduce or waive the application fees
for mortgage loan originators employed by bona fide nonprofit
organizations or other community housing development organizations;
providing that a mortgage loan originator license may not be
transferred or assigned and that a mortgage loan originator
changing employers must provide thirty days prior notice to the
commissioner and pay a fee of $50; increasing the amount of
prelicensing education required for loan originators from twenty to
twenty-two hours; providing that prelicensing education courses and
requirements and continuing education courses for mortgage loan
originators may be approved by the division of banking; providing
a procedure for the commissioner to follow whenever taking an
enforcement action under article seventeen-a of this code; allowing
any person not licensed as a mortgage lender or broker under
article seventeen of chapter thirty-one of this code or article four of chapter forty-six-a of this code to register with the
Nationwide Mortgage Licensing System and Registry and provide a
surety bond in the appropriate amount for any mortgage loan
originators it employs; and allowing the commissioner to reduce or
waive the bond amounts imposed by article seventeen-a for mortgage
loan originators employed by bona fide nonprofit corporations or
other bona fide nonprofit business entities, including community
housing development organizations, if the commissioner determines
that such action would not violate any applicable law.
Referred to the Committee on Banking and Insurance; 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. 4291--A Bill to amend and
reenact §31A-2-4 of the Code of West Virginia, 1931, as amended,
relating to criminal background investigations for applicants
seeking approval to engage in certain banking activities under the
jurisdiction of the Commissioner of Banking; eliminating the
requirement that the investigations be done through both the West
Virginia State Police and the Federal Bureau of Investigation;
providing that applicants provide fingerprints for submission to
the Federal Bureau of Investigation or any governmental agency or
entity authorized to receive such information for a state, national or international criminal history check.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 4314--A Bill to amend and
reenact §11-1C-5 of the Code of West Virginia, 1931, as amended,
relating to the valuation of motor vehicles and motorcycles for
property tax assessment purposes; amending those provisions to
similarly apply to motorcycles; and limiting the applicability of
damaged car values or salvage value guideline for assessment
purposes.
Referred to the Committee on Transportation and
Infrastructure; 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. 4323--A Bill to amend and
reenact §17C-7-9 of the Code of West Virginia, 1931, as amended,
relating to driving on roadways laned for traffic; defining proper
use of designated left turn lanes on three and five lane roads;
prohibiting use of center turning lanes for through traffic under
certain circumstances; clarifying the permitted usage of center
lane for three and five lane roads; providing criminal penalty.
Referred to the Committee on Transportation and
Infrastructure.
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. 4339--A Bill to amend the
Code of West Virginia, 1931, as amended, by adding thereto a new
section, designated §14-1-37, relating to collecting debts through
the United States Treasury Offset Program; authorizing the State
Auditor to enter into agreements with the United States Treasury's
Financial Management Service; specifying reduction and offset of
payments for collection of debt; authorizing rules; specifying
cost-effective actions to aggressively collect; and authorizing
interagency agreements
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 and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 4356--A Bill to amend and
reenact §17B-3-3a of the Code of West Virginia, 1931, as amended;
and to amend and reenact §50-3-2a of said code, all relating to the
suspension of drivers' licenses; providing time frames for
appearances before courts of competent jurisdiction for both residents and nonresidents; and providing time frames for the
reporting of fines and penalties to the Division of Motor Vehicles.
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 4359--A Bill to amend and
reenact §21-1C-2 of the Code of West Virginia, 1931, as amended,
relating to requiring local labor for public construction projects;
reducing the dollar amount of the applicable construction project
to $500,000; reducing the amount of miles for the local labor
market to fifty miles; and clarifying the definition of local labor
market.
Referred to the Committee on Labor; 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. 4374--A Bill to amend the
Code of West Virginia, 1931, as amended, by adding thereto a new
article, designated §49-11-1, §49-11-2, §49-11-3, §49-11-4, §49-11-
5, §49-11-6, §49-11-7, §49-11-8, §49-11-9 and §49-11-10, all
relating to establishing the Caregivers Consent Act; definitions; caregiver's consent for minor's health care; duty of health care
facility or practitioner; affidavit of caregiver consent;
revocation or termination of consent; good faith reliance on
affidavit; exceptions to applicability; criminal penalty for false
statement; and rule-making authority.
At the request of Senator Chafin, and by unanimous consent,
reference of the bill to a committee was dispensed with, and it was
taken up for immediate consideration, read a first time and ordered
to second reading.
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. 4382--A Bill to amend the
Code of West Virginia, 1931, as amended, by adding thereto a new
article, designated §61-13-1, §61-13-2, §61-13-3, §61-13-4, §61-13-
5, §61-13-6, §61-13-7, §61-13-8, §61-13-9, §61-13-10, §61-13-11,
§61-13-12, §61-13-13, §61-13-14, §61-13-15, §61-13-16, §61-13-17,
§61-13-18, §61-13-19, §61-13-20 and §61-13-21 all relating to
establishment of the West Virginia Civil and Criminal Forfeiture
Act; establishing civil and criminal forfeiture proceedings
pertaining to property and assets used in, acquired, gained or
flowing from gained from various criminal activities and juvenile
offenses; providing definitions; statement of purpose of
forfeitures; identifying property subject to forfeiture; establishing exemptions; providing the state with provisional title
to property subject to forfeiture; establishing procedures seizure
of property; establishing protections for innocent third party
owners and interest holders; establishing a procedure for
processing uncontested forfeitures; establishing general procedures
for challenging and evaluating forfeiture procedures; providing for
the filing and processing of petitions for in rem forfeiture
proceedings; providing for the filing and processing and
establishing related procedures for in personam forfeiture
proceedings; allowing additional procedures applicable in criminal
and civil proceedings in which forfeiture of property is sought;
allowing for forfeiture of and execution on substitute property
under certain conditions; allowing for release of seized property
upon provision of adequate security bond or deposit; providing
certain exceptions and limitations; establishing procedures for
forfeiture; establishing burdens of proof; providing for the
seizure and disposition of forfeited and other property; civil
forfeiture action and pretrial hardship release; establishing the
crime of interference with or diminishing forfeitable property;
providing right to trial by jury; creating standards and procedures
for care of property in law-enforcement custody; providing
provisions for the sale of forfeited property; prioritizing and
directing the application of proceeds and forfeiture funds;
providing exceptions; and penalties.
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 and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 4397--A Bill to amend and
reenact §15-2-3 of the Code of West Virginia, 1931, as amended,
relating to requiring the Superintendent of the State Police to
develop a plan to increase the number of troopers to a minimum of
eight hundred troopers by July 1, 2014.
Referred to the Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 4407--A Bill to amend and
reenact §19-20A-2 and §19-20A-5 of the Code of West Virginia, 1931,
as amended; all relating to rabies vaccination of dogs and cats;
requiring that administered rabies vaccinations be capable of
producing immunity for three years; requiring dogs and cats to be
revaccinated every three years; and requiring rabies vaccinations
for dogs and cats prior to entering the state.
At the request of Senator Chafin, and by unanimous consent,
reference of the bill to a committee was dispensed with, and it was
taken up for immediate consideration, read a first time and ordered to second reading.
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. 4425--A Bill to amend of the
Code of West Virginia, 1931, as amended, by adding thereto a new
section, designated §30-7-20, relating to the development of a
pilot program for unlicensed persons to administer medications in
a nursing home by the Board of Registered Professional Nurses.
Referred to the Committee on Health and Human Resources; and
then to the Committee on Government Organization.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 4450--A Bill to repeal §30-
13A-26, §30-13A-27, §30-13A-28, §30-13A-29, §30-13A-30, §30-13A-31,
§30-13A-32, §30-13A-33, §30-13A-34, §30-13A-35, §30-13A-36 and §30-
13A-37 of the Code of West Virginia, 1931, as amended; to amend
said code by adding thereto a new section, designated, §1-1-5; to
amend said code by adding thereto a new section, designated, §7-2-
8; to amend and reenact §30-13A-1, §30-13A-2, §30-13A-3, §30-13A-4,
§30-13A-5, §30-13A-6, §30-13A-7, §30-13A-8, §30-13A-9, §30-13A-10,
§30-13A-11, §30-13A-12, §30-13A-13, §30-13A-14, §30-13A-15, §30-
13A-16, §30-13A-17, §30-13A-18, §30-13A-19, §30-13A-20, §30-13A-21, §30-13A-22, §30-13A-23, §30-13A-24 and §30-13A-25 of said code; and
to amend and reenact §39-1-2a of said code, all relating to
surveys; establishing West Virginia coordinate systems; requiring
a license to practice land surveying; requiring a certificate of
authorization for a firm to practice land surveying; specifying
applicable law; providing definitions; continuing the board of
professional surveyors; providing for board composition; providing
eligibility requirements for board membership; clarifying the
powers and duties of the board; clarifying rule-making authority;
providing emergency rule-making authority; continuing a special
revenue account; clarifying the education and experience
requirements for licensure; establishing licensure requirements;
establishing scope of practice; providing exceptions from
licensure; establishing surveyor intern requirements; providing for
licensure for persons licensed in another state; establishing
renewal requirements; providing permit requirements; establishing
inactive license requirements; establishing procedures for
delinquent and expired licenses; establishing retired license
requirements; establishing conditions for failed examines;
requiring display of a license; requiring display of a
certification of authorization; establishing certification of
authorization requirements; establishing requirements to be a
surveyor-in-charge; providing a due process procedure; establishing
grounds for disciplinary action; establishing hearing procedures; providing for judicial review and appeals of decisions;
establishing cause for initiation of criminal proceedings;
establishing criminal penalties; removing no longer applicable
language; and establishing requirements to record a survey.
Referred to the Committee on Government Organization.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. House Bill No. 4485--A Bill to amend and reenact §17C-12-
7 of the Code of West Virginia, 1931, as amended, relating to
increasing the penalties for overtaking and passing a school bus
stopped for the purpose of receiving and discharging children.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. House Bill No. 4496--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §51-10A-4, relating to prohibiting bail bonding
companies or bail bond enforcers from providing fiduciary bonds for
estates; and providing an exception.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 4504--A Bill to amend and
reenact §15-1E-1, §15-1E-2, §15-1E-3, §15-1E-4, §15-1E-5, §15-1E-6,
§15-1E-7, §15-1E-8, §15-1E-9, §15-1E-10, §15-1E-11, §15-1E-12, §15-
1E-13, §15-1E-14, §15-1E-15, §15-1E-16, §15-1E-17, §15-1E-18, §15-
1E-19, §15-1E-20, §15-1E-21, §15-1E-22, §15-1E-23, §15-1E-24, §15-
1E-25, §15-1E-26, §15-1E-27, §15-1E-28, §15-1E-29, §15-1E-30, §15-
1E-31, §15-1E-32, §15-1E-33, §15-1E-34, §15-1E-35, §15-1E-36, §15-
1E-37, §15-1E-38, §15-1E-39, §15-1E-40, §15-1E-41, §15-1E-42, §15-
1E-43, §15-1E-44, §15-1E-45, §15-1E-46, §15-1E-47, §15-1E-48, §15-
1E-49, §15-1E-50, §15-1E-51, §15-1E-52, §15-1E-53, §15-1E-54, §15-
1E-55, §15-1E-56, §15-1E-57, §15-1E-58, §15-1E-59, §15-1E-60, §15-
1E-61, §15-1E-62, §15-1E-63, §15-1E-64, §15-1E-65, §15-1E-66, §15-
1E-67, §15-1E-68, §15-1E-69, §15-1E-70, §15-1E-71, §15-1E-72, §15-
1E-73, §15-1E-74, §15-1E-75, §15-1E-76, §15-1E-77, §15-1E-78, §15-
1E-79, §15-1E-80, §15-1E-81, §15-1E-82, §15-1E-83, §15-1E-84, §15-
1E-85, §15-1E-86, §15-1E-87, §15-1E-88, §15-1E-89, §15-1E-90, §15-
1E-91, §15-1E-92, §15-1E-93, §15-1E-94, §15-1E-95, §15-1E-96, §15-
1E-97, §15-1E-98, §15-1E-99, §15-1E-100, §15-1E-101, §15-1E-102,
§15-1E-103, §15-1E-104, §15-1E-105, §15-1E-106, §15-1E-107, §15-1E-
108, §15-1E-109, §15-1E-110, §15-1E-111, §15-1E-112, §15-1E-113,
§15-1E-114, §15-1E-115, §15-1E-116, §15-1E-117, §15-1E-118, §15-1E-
119, §15-1E-120, §15-1E-121, §15-1E-122, §15-1E-123, §15-1E-124,
§15-1E-125, §15-1E-126, §15-1E-127, §15-1E-128, §15-1E-129, §15-1E-130, §15-1E-131, §15-1E-132, §15-1E-133, §15-1E-134, §15-1E-135,
§15-1E-136, §15-1E-137 and §15-1E-138, of the Code of West
Virginia, 1931, as amended; and to amend said code by adding
thereto eighteen new sections, designated §15-1E-50a, §15-1E-57a,
§15-1E-58a, §15-1E-58b, §15-1E-67a, §15-1E-76a, §15-1E-76b, §15-1E-
112a, §15-1E-139, §15-1E-140, §15-1E-141, §15-1E-142, §15-1E-143,
§15-1E-144, §15-1E-145, §15-1E-146, §15-1E-146, §15-1E-147 and §15-
1E-148, all relating to adopting the Uniform State Military Code of
Justice; definitions; persons subject to this code and
jurisdiction; territorial applicability of the code; apprehension
and restraint; nonjudicial punishment; court-martial jurisdiction;
appointment and composition of courts-martial; pretrial procedure;
trial procedure; sentences after conviction; post-trial procedure
and review of courts-martial; punitive articles; and miscellaneous
provisions.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 4506--A Bill to amend the
Code of West Virginia, 1931, as amended, by adding thereto a new
section, designated §48-5-614, relating to the revocation of death
benefits by divorce.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect July 1, 2010, and
requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 4512--A Bill to amend and
reenact §18A-4-8, §18A-4-8a, §18A-4-8b and §18A-4-8e of the Code of
West Virginia, 1931, as amended, all relating to school service
personnel; limiting assignments of director or coordinator of
services; requiring school bus supervisor to be certified to
operate a bus; requiring supervisor of transportation and
multiclassification position that includes this title first
employed after certain date to have five years of experience
working in transportation department and defining experience;
defining itinerant status, assignments, posting, limit on
positions, and exclusions; requiring additional content of notice
of a job vacancy generally and aide classification category
specifically; and modifying test frequency for re-certifying bus
operators.
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. 4513--A Bill to amend the
Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §22-6-42, relating to establishing requirements
for Marcellus gas well operations use of water resources.
Referred to the Committee on Natural Resources; and then to
the Committee on Energy, Industry and Mining.
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. 4525--A Bill to amend and
reenact §22A-1-21 of the Code of West Virginia, 1931, as amended;
to amend and reenact §22A-2A-301, §22A-2A-304 and §22A-2A-310 of
said code; to amend and reenact §22A-6-3, §22A-6-4, §22A-6-6 and
§22A-6-7 of said code; to amend and reenact §22A-7-4 and §22A-7-6
of said code; and to amend and reenact §22A-11-2 and §22A-11-3 of
said code, all relating to board's under the jurisdiction of the
Office of Miners' Health, Safety and Training; removing boards from
under the jurisdiction of the Office of Miners' Health, Safety and
Training; changing board membership; changing voting procedures;
permitting a clarifying resolution; requiring the Health and Safety
Administrator to provide administrative assistance; permitting the
Health and Safety Administrator to expend funds for certain
purposes; adding to the boards' powers; changing voting procedure;
clarifying voting procedures; clarifying reporting requirements;
establishing reporting time lines; and permitting appropriations
from general revenue.
Referred to the Committee on Energy, Industry and Mining; and
then to the Committee on Government Organization.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 4527--A Bill to amend and
reenact §19-13-4 of the Code of West Virginia, 1931, as amended,
relating to limiting the liability of apiary owners and operators.
Referred to the Committee on Agriculture; and then to the
Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 4531--A Bill to amend and
reenact §25-1-16 of the Code of West Virginia, 1931, as amended; to
further amend said code by adding thereto a new section, designated
§31-20-30a; and to amend and reenact §49-5E-6 of said code, all
relating to the proper care of inmates in state institutions or
facilities; authorizing the transfer of inmates with mental health
needs; authorizing the transfer of inmates for medical reasons
under appropriate supervision; providing criteria, standards and
limitations relating to the proper treatment of pregnant inmates;
authorizing restraint of pregnant inmates when necessary; and
providing criteria, standards and limitations relating to the proper treatment of pregnant juveniles in the custody of the
Division of Juvenile Services.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 4541--A Bill to amend and
reenact §31-20-9, §31-20-10 and §31-20-32 of the Code of West
Virginia, 1931, as amended, all relating to authorizing circuit
court judges and magistrates to utilize county or municipal jails
to detain persons charged with a crime up to ninety-six hours, or,
to confine persons convicted of a crime for not more than fourteen
days; eliminating any restrictions for county or municipal jails to
be used only as holding facilities; and distributing certain
processing fees to municipalities or counties.
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 and requested the concurrence of the
Senate in the passage of
Eng. House Bill No. 4589--A Bill to amend and reenact §3-3-2,
§3-3-2b, §3-3-5 and §3-3-11 of the Code of West Virginia, 1931, as
amended; to amend and reenact §3-4-10 of said code; and to amend
and reenact §3-5-13 of said code, all relating to conforming the appropriate sections to the requirements of the Military and
Overseas Voter Empowerment Act of 2009.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 4604--A Bill to amend and
reenact §61-5-17 of the Code of West Virginia, 1931, as amended,
relating to increasing the criminal penalties for crimes against
law enforcement, probation and parole officers; establishing crime
for disarming or attempting to disarm probation and parole
officers; establishing new crime for reckless fleeing; increasing
penalties for fleeing or attempting to flee in a vehicle;
increasing penalties for fleeing or attempting to flee in a vehicle
causing property damage; increasing penalties for fleeing or
attempting to flee in a vehicle causing injury; increasing
penalties for fleeing or attempting to flee in a vehicle causing
death; and designating this act as the "Jerry Alan Jones Act".
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 4630--A Bill to amend and
reenact §31-17-8 of the Code of West Virginia, 1931, as amended, relating to refunding of appraisal fees collected by lenders,
brokers and mortgage loan originators licensed by the Commissioner
of Banking; providing
that in the event a loan is not made, the
licensee is not required to refund an appraisal fee that is
collected and paid to an unrelated third-party appraiser unless
required to be refunded pursuant to federal law.
Referred to the Committee on Banking and Insurance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. House Bill No. 4634--A Bill to amend and reenact §19-25-5
of the Code of West Virginia, 1931, as amended, relating to
defining "spelunking" as a recreational purpose and activity for
which a landowner's liability for injury is limited.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 4666--A Bill to amend the
Code of West Virginia, 1931, as amended, by adding thereto a new
article, designated §16-43-1, §16-43-2, §16-43-3 and §16-43-4, all
relating to substance abuse and prevention; creating a special
revenue account designated the Prevention, Intervention, Treatment
and Recovery Fund; establishing an Alcohol and Drug Disbursement Board under the Department of Health and Human Resources; providing
for membership on the board; providing powers and duties; and
establishing a grant program for substance abuse and prevention,
intervention, treatment and recovery.
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. 4667--A Bill to amend the
Code of West Virginia, 1931, as amended, by adding thereto a new
section, designated §17-2A-8d, relating to requiring the
Commissioner of Highways to maintain school bus turnarounds in the
state and requiring the county board of education to obtain
authorization of private land owners for school bus turnarounds.
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. House Bill No. 4669--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §18-5B-10, relating to granting exceptions to certain
statutes to innovation zone plans approved by state board; specifying scope, limitations and conditions on exceptions granted.
Referred to the Committee on Education.
The Senate proceeded to the fourth order of business.
Senator Palumbo, from the Joint Committee on Enrolled Bills,
submitted the following report, which was received:
Your Joint Committee on Enrolled Bills has examined, found
truly enrolled, and on the 3rd day of March, 2010, presented to His
Excellency, the Governor, for his action, the following bill,
signed by the President of the Senate and the Speaker of the House
of Delegates:
(S. B. No. 548), Extending time Boone County Board of
Education can meet as levying body.
Respectfully submitted,
Corey Palumbo,
Chair, Senate Committee.
Danny Wells,
Chair, House Committee.
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 Concurrent Resolution No. 47 (originating in the
Committee on the Judiciary)--
Requesting the
Joint Committee on the
Judiciary
to study the option of expanding the responsibilities of
the law-enforcement training subcommittee and renaming it the law-enforcement professional standards subcommittee for the primary
purposes of establishing uniform standards for the decertification
of law-enforcement officers pursuant to instances of major
misconduct and to establish a database of law-enforcement officers
who were disciplined for certain behavior or resigned during
disciplinary proceedings.
Whereas, There are no uniform standards for the
decertification of law enforcement officers for major misconduct
occurring within the scope of their employment as sworn law
enforcement officers; and
Whereas, There is no centralized system for law enforcement
organizations to perform preliminary research on applicants and
whether they have been the subject of discipline in their prior
jobs within the state; and
Whereas, The law-enforcement training subcommittee is
responsible for developing procedures related to training of law-
enforcement officers in West Virginia, but there is no state body
responsible for law-enforcement professional standards; and
Whereas, There have been multiple instances recently of law-
enforcement officers in West Virginia changing jobs from one law-
enforcement entity to another after the law-enforcement officer
either was disciplined or resigned during disciplinary procedures;
and
Whereas, The people of West Virginia would benefit from law-enforcement entities utilizing a centralized database that tracks
certain discipline law-enforcement officers have received and
instances of law-enforcement officers resigning during disciplinary
procedures; and
Whereas, Senate Bill 554 was introduced to address these
situations during the 2010 Legislative session, but stakeholders
and interested parties believed more time and attention should be
given to crafting a solution; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on the Judiciary is hereby requested
to study the possibility of establishing a database of law-
enforcement officers who were disciplined for certain behavior or
resigned during disciplinary proceedings; and, be it
Further Resolved, That the study address what type of behavior
and disciplinary actions shall be reported to any established
database and how such information shall be reported; and, be it
Further Resolved, That the study address the future use of any
established directory by law-enforcement entities, with special
focus on the potential requirement of checking the database before
hiring and law-enforcement officer; and, be it
Further Resolved, That the study shall review the feasibility
of expanding the responsibilities of the law-enforcement training
subcommittee and renaming it the law-enforcement professional
standards subcommittee; and, be it
Further Resolved, That the study address providing the
authority to decertify law-enforcement officers and under what
situation such action may be taken; and, be it
Further Resolved, That the
Joint Committee on the Judiciary
report to the regular session of the Legislature in 2011 on its
findings, conclusions and recommendations, together with any
legislation necessary to effectuate its recommendations
; and, be it
Further Resolved, That 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 the
Judiciary
.
And reports the same back with the recommendation that it be
adopted.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
On motion of Senator Kessler, the resolution (S. C. R. No. 47)
contained in the foregoing report from the Committee on the
Judiciary was then referred to the Committee on Rules.
Senator Fanning, from the Committee on Natural Resources,
submitted the following report, which was received:
Your Committee on Natural Resources has had under
consideration
Senate Concurrent Resolution No. 48 (originating in the Committee on Natural Resources)--
Requesting the Joint Committee on
Government and Finance study the recodification of the statutes
applicable to the Division of Forestry.
Whereas, The State of West Virginia's protection of forests
began in 1909 with the appointment of a Forest, Game, and Fish
Warden following the massive forest fires of 1908; and
Whereas, The Warden system was placed under the administration
of the Game and Fish Commission of West Virginia in 1921, which
then became the Game, Fish and Forestry Commission with a duly
appointed Chief Forester in 1929; and
Whereas, The Division of Forestry became part of the
Conservation Commission in 1933 until 1961 when it was placed
within the Department of Natural Resources; and
Whereas, The Division of Forestry was then transferred to the
Department of Agriculture in 1985 until it was established as a
free-standing division under the Department of Commerce in 1989;
and
Whereas, The statutes applying
to the Division of Forestry
remain dispersed throughout the code in multiple chapters due to
the history of the Division and need to be recodified and updated
into one comprehensive chapter; and
Whereas, The Forest Management Review Commission meets
regularly during Interims and would be an appropriate entity to
review proposed changes and monitor the drafting of the new
chapter; therefore be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study the recodification of the statutes applicable to
the Division of Forestry; and, be it
Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 2011, on
its findings, conclusions and recommendations, together with drafts
of any legislation necessary to effectuate its recommendations;
and, be it
Further Resolved, That the expenses necessary to conduct this
study, to prepare a report and to draft necessary legislation be
paid from legislative appropriations to the Joint Committee on
Government and Finance.
And reports the same back with the recommendation that it be
adopted.
Respectfully submitted,
John Pat Fanning,
Chair.
On motion of Senator Fanning, the resolution (S. C. R. No. 48)
contained in the foregoing report from the Committee on Natural
Resources was then referred to the Committee on Rules.
Senator Fanning, from the Committee on Natural Resources,
submitted the following report, which was received:
Your Committee on Natural Resources has had under
consideration
Eng. House Bill No. 3110, Renaming conservation officers to be
natural resources police officers.
And reports the same back with the recommendation that it do
pass; but under the original double committee reference first be
referred to the Committee on Government Organization.
Respectfully submitted,
John Pat Fanning,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on Government Organization.
Senator Foster, from the Committee on Pensions, submitted the
following report, which was received:
Your Committee on Pensions has had under consideration
Eng. Com. Sub. for House Bill No. 4168, Relating to the
Emergency Medical Services Retirement System.
And,
Eng. Com. Sub. for House Bill No. 4182, Relating to the
emergency medical services retirement system act.
And reports the same back with the recommendation that they
each do pass; but under the original double committee references
first be referred to the Committee on Finance.
Respectfully submitted,
Dan Foster,
Chair.
The bills, under the original double committee references, were then referred to the Committee on Finance.
Senator Unger, from the Committee on Transportation and
Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had
under consideration
House Concurrent Resolution No. 8, The "Lance Corporal Larry
Steven Heater Memorial Bridge".
House Concurrent Resolution No. 12, The "Private Archie A.
'Whack' Jordan Memorial Bridge".
House Concurrent Resolution No. 15, The "John Joseph Walkup,
Jr., Bridge".
House Concurrent Resolution No. 18, The "Sgt. Richard W.
Griffith Memorial Bridge".
House Concurrent Resolution No. 28, The "Trooper First Class
James Thomas Brammer Memorial Bridge".
House Concurrent Resolution No. 30, The "Chief Warrant Officer
John Michael Hohman Memorial Bridge".
House Concurrent Resolution No. 35, The "Dr. Mabel Nichols
Bridge".
House Concurrent Resolution No. 37, The "CMS Marshall Irvin
Pauley Memorial Bridge, Killed in Action, Vietnam 1966".
House Concurrent Resolution No. 39, The "Corporal Menifee
Carter Memorial Bridge".
House Concurrent Resolution No. 40, The "Ernie Wallace Bridge".
House Concurrent Resolution No. 41, The "Charley Meddings
Memorial Bridge".
House Concurrent Resolution No. 42, The "Lance Corporal Samuel
R. Drown Memorial Bridge, Killed in Action, Vietnam 1967".
House Concurrent Resolution No. 45, The "Robert L. McAtee, Sr.
Memorial Bridge".
House Concurrent Resolution No. 47, The "Childhood Cancer
Survivor and Memorial Highway".
House Concurrent Resolution No. 53, The "Fletcher Brothers
Memorial Bridge".
House Concurrent Resolution No. 54, The "William H. Sanders II
Memorial Highway".
And,
House Concurrent Resolution No. 56, Erection of signs near
Mahan and Oak Hill, in Fayette County, indicating the crossing of
the 38th Parallel North in honor of the Veterans of the Korean War.
And reports the same back with the recommendation that they
each be adopted.
Respectfully submitted,
John R. Unger II,
Chair.
The Senate proceeded to the sixth order of business.
Senators Jenkins, Tomblin (Mr. President), Barnes, Boley,
Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Kessler,
Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso,
Snyder, Stollings, Sypolt, Unger, Wells, White, Williams and Yost
offered the following resolution:
Senate Resolution No. 47--Honoring Randall Reid-Smith for his
dedicated public service.
Whereas, Randall Reid-Smith is a proud native son of
Barboursville, West Virginia, in Cabell County; and
Whereas, Randall Reid-Smith earned his Bachelor's degree from
the University of Cincinnati College-Conservatory of Music, his
Master's degree from Indiana University and received an honorary
doctorate from Glenville State University; and
Whereas, Randall Reid-Smith is an accomplished opera singer
who achieved an international career for fourteen years; and
Whereas, Randall Reid-Smith began his career in public service
when he was charged with private sector fundraising as the
Development Manager for the West Virginia State Museum in December
of 2005; and
Whereas, Randall Reid-Smith was appointed Commissioner of the
West Virginia Division of Culture and History by Governor Joe
Manchin III on July 1, 2006, and was given the charge to complete
and bring to life the West Virginia State Museum, which had been
dormant for 8 years; and
Whereas, In his capacity as Commissioner, Randall Reid-Smith
attracted a team of highly respected historians who understood West Virginia's land, people and culture to tell the story of the rich
heritage and history of the state of West Virginia; and
Whereas, Commissioner Randall Reid-Smith orchestrated the
necessary contractors, architects, fabricators and designers to
build an environment equal to any museum in any major metropolitan
community; and
Whereas, Commissioner Randall Reid-Smith was true to the
compass of presenting a sweeping, unfolding timeline of the history
of the state of West Virginia and the indomitable spirit of her
people and completed the new renovations of the West Virginia State
Museum in eighteen months, which was on time and under budget; and
Whereas, As a result of Commissioner Randall Reid-Smith's
dedicated public service and extreme pride in the state of West
Virginia and it's people, the Culture Center has become a more
vibrant and engaging place for citizens and visitors; therefore, be
it
Resolved by the Senate:
That the Senate hereby honors Randall Reid-Smith for his
dedicated public service; and, be it
Further Resolved, That the Senate commends Commissioner
Randall Reid-Smith for making the Culture Center and the West
Virginia State Museum a place that all West Virginians can be proud
of; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to Commissioner Randall Reid-Smith.
At the request of Senator Jenkins, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.
On motion of Senator Chafin, the Senate recessed for one
minute.
Upon expiration of the recess, the Senate reconvened and
proceeded to the eighth order of business.
Eng. Com. Sub. for Senate Bill No. 677, Creating county boards
of education school calendar committees.
On third reading, coming up in regular order, was reported by
the Clerk.
On motion of Senator Chafin, the bill was recommitted to the
Committee on Education.
Eng. House Bill No. 4026, Relating to higher education capital
facilities generally.
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.
The Senate proceeded to the ninth order of business.
Eng. Com. Sub. for House Bill No. 4652, Establishing a school
calendar committee for each county.
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.
The Senate proceeded to the eleventh order of business and the
introduction of guests.
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Chafin, the Senate adjourned until
tomorrow, Friday, March 5, 2010, at 11 a.m.
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