sdj-52nd day
WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-NINTH LEGISLATURE
REGULAR SESSION, 2009
FIFTY-SECOND DAY
____________
Charleston, W. Va., Friday, April 3, 2009
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by
the Right Reverend W. Michie Klusmeyer,
Bishop, Episcopal Diocese of West Virginia, Charleston, West
Virginia
.
Pending the reading of the Journal of Thursday, April 2, 2009,
On motion of Senator Snyder, 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 adoption by that body and requested the concurrence of the
Senate in the adoption of
House Concurrent Resolution No. 55--Expressing the will of the
Legislature urging President Obama to support the efforts of the
Republic of China (Taiwan) to meaningfully participate in the
specialized agencies of the United Nations.
At the request of Senator Chafin, and by unanimous consent,
the message was taken up for immediate consideration and reference
of the resolution to a committee dispensed with.
The question being on the adoption of the resolution, the same
was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
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 2nd day of April, 2009, 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:
(Com. Sub. for House Bill No. 2795), Creating a special
hunting and fishing license for persons with a life-threatening
condition who are under twenty-one years of age.
Respectfully submitted,
Corey Palumbo,
Chair, Senate Committee.
Danny Wells,
Chair, House Committee.
Senator Plymale, from the Committee on Education, submitted
the following report, which was received:
Your Committee on Education has had under consideration
Senate Concurrent Resolution No. 24, Requesting Joint
Committee on Government and Finance study implementing year-round
school.
And reports back a committee substitute for same as follows:
Com. Sub. for Senate Concurrent Resolution No. 24 (originating
in the Committee on Education)--
Requesting the Joint Committee on
Government and Finance study the various benefits and burdens of
implementing a year-round, 200-day school year for our state public
education system from prekindergarten through twelfth grade.
Whereas, Proponents of implementing a year-round, 200-day
school year for our state public education system from
prekindergarten through twelfth grade believe the implementation
would result in a higher quality of education in various respects
being provided to all West Virginia public school students; and
Whereas, Proponents and detractors of a year-round, 200-day
school year acknowledge there may be issues regarding the current
inventory of all facilities within the West Virginia public school
system that would be used to educate the West Virginia public
school students; and
Whereas, The proponents and detractors acknowledge there also
may be concerns regarding proper compensation for all individuals
employed by the public school system within West Virginia if the
year-round, 200-day school year is implemented; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study the various benefits and burdens of implementing a year-round, 200-day school year for our state public education
system from prekindergarten through twelfth grade; 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.
With the recommendation that the committee substitute be
adopted; but under the original double committee reference first be
referred to the Committee on Rules.
Respectfully submitted,
Robert H. Plymale,
Chair.
The resolution (Com. Sub. for S. C. R. No. 24), under the
original double committee reference, was then referred to the
Committee on Rules.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. Com. Sub. for House Bill No. 2225, Authorizing the
Department of Education and the Arts to Promulgate Legislative
Rules.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 2225) contained in
the preceding report from the Committee on the Judiciary was taken
up for immediate consideration, read a first time and ordered to
second reading.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. Com. Sub. for House Bill No. 2305, Revising appointment
and compensation provisions of the Supreme Court Clerk and his or
her staff.
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.
At the request of Senator Kessler, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 2305) was taken up
for immediate consideration, read a first time and ordered to
second reading.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. House Bill No. 2404, Relating to inmate reimbursement for
medical services provided to persons held in regional jails.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended; but under the original double committee reference
first be referred to the Committee on Finance.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Helmick, as chair of the Committee
on Finance, unanimous consent was granted to dispense with the
second committee reference of the bill contained in the foregoing
report from the Committee on the Judiciary.
At the request of Senator Kessler, unanimous consent being
granted, the bill (Eng. H. B. No. 2404) was taken up for immediate
consideration, read a first time and ordered to second reading.
Senator Prezioso, from the Committee on Health and Human
Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under
consideration
Eng. Com. Sub. for House Bill No. 2444, Creating the
Legislative Oversight Commission on Long-Term Care.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended; but under the original double committee reference
first be referred to the Committee on Rules.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on Rules, with an amendment from the
Committee on Health and Human Resources pending.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. House Bill No. 2474, Exempting land-based finfish
aquaculture facilities from certain sludge management requirements.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (Eng. H. B. No. 2474) contained in the preceding report from the Committee on the Judiciary was taken up for
immediate consideration, read a first time and ordered to second
reading.
Senator Prezioso, from the Committee on Health and Human
Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under
consideration
Eng. Com. Sub. for House Bill No. 2504, Establishing the
Silver Alert Plan, an alert system for missing cognitively impaired
persons.
And reports the same back with the recommendation that it do
pass; but under the original double committee reference first be
referred to the Committee on the Judiciary.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on the Judiciary.
Senator Plymale, from the Committee on Education, submitted
the following report, which was received:
Your Committee on Education has had under consideration
Eng. Com. Sub. for House Bill No. 2538, Relating to
supplemental funding for the provision of alternative programs for
limited English proficient students.
And has amended same.
Eng. Com. Sub. for House Bill No. 3208, Including the hours of
training county board members have acquired.
And has amended same.
And,
Eng. House Bill No. 3229, Relating to creation of the Science
and Research Council.
And has amended same.
And reports the same back with the recommendation that they
each do pass, as amended; but under the original double committee
references first be referred to the Committee on Finance.
Respectfully submitted,
Robert H. Plymale,
Chair.
At the request of Senator Plymale, unanimous consent being
granted, Engrossed Committee Substitute for House Bill No. 2538
contained in the preceding report from the Committee on Education
was taken up for immediate consideration, read a first time,
ordered to second reading and, under the original double committee
reference, was then referred to the Committee on Finance
, with an
amendment from the Committee on Education pending.
At the request of Senator Helmick, as chair of the Committee
on Finance, unanimous consent was granted to dispense with the
second committee references of Engrossed Committee Substitute for
House Bill No. 3208 and Engrossed House Bill No. 3229 contained in
the foregoing report from the Committee on Education.
At the request of Senator Plymale, unanimous consent being
granted, the bills were each taken up for immediate consideration,
read a first time and ordered to second reading.
Senator Wells, from the Committee on Military, submitted the
following report, which was received:
Your Committee on Military has had under consideration
Eng. Com. Sub. for House Bill No. 2694, Establishing certain
requirements for modification of custodial rights for parent's or
guardian's that have been deployed to the United States Armed
Forces.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended; but under the original double committee reference
first be referred to the Committee on the Judiciary.
Respectfully submitted,
Erik P. Wells,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on the Judiciary, with amendments
from the Committee on Military pending.
Senator Prezioso, from the Committee on Health and Human
Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under
consideration
Eng. Com. Sub. for House Bill No. 2701, Relating to an escape
of any person from the custody of the Division of Juvenile
Services.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended; but under the original double committee reference
first be referred to the Committee on the Judiciary.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on the Judiciary, with amendments
from the Committee on Health and Human Resources pending.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. Com. Sub. for House Bill No. 2719, Relating to the sale
and distribution of craft beer.
And reports the same back with the recommendation that it do
pass; but under the original double committee reference first be
referred to the Committee on Finance.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 2719) contained in the preceding report from the Committee on the Judiciary was taken
up for immediate consideration, read a first time, ordered to
second reading and, under the original double committee reference,
was then referred to the Committee on Finance.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. Com. Sub. for House Bill No. 2737, Authorizing the
Administrative Director of the Supreme Court of Appeals to hire
regional or specialized probation 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 Finance.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 2737) contained in
the preceding report from the Committee on the Judiciary was taken
up for immediate consideration, read a first time, ordered to
second reading and, under the original double committee reference,
was then referred to the Committee on Finance.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. Com. Sub. for House Bill No. 2738, Registering protective
orders with the West Virginia Supreme Court of Appeals.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 2738) contained in
the preceding report from the Committee on the Judiciary was taken
up for immediate consideration, read a first time and ordered to
second reading.
Senator Prezioso, from the Committee on Health and Human
Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under
consideration
Eng. Com. Sub. for House Bill No. 2839, Relating to the
management of pain by Physicians.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Roman W. Prezioso, Jr.,
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
Eng. Com. Sub. for House Bill No. 3076, Relating to the
regulation and operation of cranes.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 3076) contained in
the preceding report from the Committee on the Judiciary was taken
up for immediate consideration, read a first time and ordered to
second reading.
Senator Browning, from the Committee on Economic Development,
submitted the following report, which was received:
Your Committee on Economic Development has had under
consideration
Eng. House Bill No. 3155, Relating to the renewal of the West
Virginia Small Business Linked Deposit Program.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended; but under the original double committee reference
first be referred to the Committee on Finance.
Respectfully submitted,
Richard Browning,
Chair.
At the request of Senator Browning, unanimous consent being
granted, the bill (Eng. H. B. No. 3155) contained in the preceding
report from the Committee on Economic Development was taken up for
immediate consideration, read a first time, ordered to second
reading and, under the original double committee reference, was
then referred to the Committee on Finance, with an amendment from
the Committee on Economic Development pending.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Eng. Com. Sub. for House Bill No. 3196, Declaring certain
claims against the state and its agencies to be moral obligations
of the state.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Walt Helmick,
Chair.
The Senate proceeded to the sixth order of business.
Petitions
Senator Plymale presented a petition from Susan J. England and
twenty-five West Virginia residents, opposing Engrossed Committee
Substitute for Committee Substitute for Senate Bill No. 249
(
Relating to annual school calendar).
Referred to the Committee on Education.
Senator Plymale presented a petition from Pearl Tipton and
numerous Mercer County residents, opposing proposed August 10 start
date for schools.
Referred to the Committee on Education.
Senator Plymale presented a petition from Alexander Perdue and
numerous West Virginia residents, supporting Senate Joint
Resolution No. 7 (
Proposing amendment to Constitution designated
Marriage Protection Amendment) and Senate Joint Resolution No. 12
(
Proposing amendment to Constitution designated Marriage Protection
Amendment).
Referred to the Committee on the Judiciary.
Senator Williams presented a petition from Debbie Carpenter
and numerous West Virginia residents, supporting Engrossed
Committee Substitute for Senate Bill No. 327 (
Relating to
mini-trucks registration and operation).
Referred to the Committee on Transportation and
Infrastructure.
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 returned to the
Senate second reading calendar,
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. 34, Requesting Division of
Highways name portion of U. S. 52 "R. A. West Memorial Highway".
On unfinished business, coming up in regular order, was
reported by the Clerk.
The question being on the adoption of the resolution, the same
was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Senate Concurrent Resolution No. 35, Requesting Division of
Highways name bridge in Mercer County "Staff Sergeant Stanley Brian
Reynolds Memorial Bridge".
On unfinished business, coming up in regular order, was
reported by the Clerk.
The question being on the adoption of the resolution, the same
was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Senate Concurrent Resolution No. 38, Requesting Division of
Highways name Route 9 from Martinsburg to Berkeley Springs "Ray
Johnston Memorial Highway".
On unfinished business, coming up in regular order, was
reported by the Clerk.
The question being on the adoption of the resolution, the same
was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Senate Concurrent Resolution No. 43, Requesting Division of
Highways name bridge in Grafton "Bearcat Bridge".
On unfinished business, coming up in regular order, was
reported by the Clerk.
The question being on the adoption of the resolution, the same
was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Senate Concurrent Resolution No. 44, Requesting Division of
Highways name Route 3 in Racine "Barry Lutsy Memorial Highway".
On unfinished business, coming up in regular order, was
reported by the Clerk.
The question being on the adoption of the resolution, the same
was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Senate Concurrent Resolution No. 46, Requesting Division of
Highways name bridge in Braxton County "Harold V. Long Memorial
Bridge".
On unfinished business, coming up in regular order, was
reported by the Clerk.
The question being on the adoption of the resolution, the same
was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Senate Concurrent Resolution No. 48, Requesting Division of
Highways name bridge in Mercer County "Corporal Ray B. Cheatwood,
Jr., Memorial Bridge".
On unfinished business, coming up in regular order, was
reported by the Clerk.
The question being on the adoption of the resolution, the same
was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Senate Concurrent Resolution No. 51, Requesting Joint
Committee on Government and Finance study use of alternative fuels
and biofuels.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on Energy,
Industry and Mining; and then to the Committee on Rules.
Senate Concurrent Resolution No. 52, Requesting Joint
Committee on Government and Finance study registration and
operation of mini-trucks.
On unfinished business, coming up in regular order, was
reported by the Clerk.
On motion of Senator Chafin, the resolution was referred to
the Committee on Rules.
Senate Concurrent Resolution No. 53, Requesting Joint
Committee on Government and Finance study State Rail Plan.
On unfinished business, coming up in regular order, was
reported by the Clerk.
On motion of Senator Chafin, the resolution was referred to
the Committee on Rules.
Senate Concurrent Resolution No. 54, Requesting Joint
Committee on Government and Finance study green initiatives.
On unfinished business, coming up in regular order, was
reported by the Clerk.
On motion of Senator Chafin, the resolution was referred to
the Committee on Rules.
Senate Concurrent Resolution No. 55, Requesting Joint
Committee on Government and Finance study regulating railroad
walkways.
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.
Com. Sub. for Senate Resolution No. 17, Requesting Congress
reexamine law regarding children's recreational vehicles.
On unfinished business, coming up in regular order, was
reported by the Clerk.
The question being on the adoption of the resolution, the same
was put and prevailed.
House Concurrent Resolution No. 4, CBM Howard W. Bannister
Memorial Bridge.
On unfinished business, coming up in regular order, was
reported by the Clerk.
The question being on the adoption of the resolution, the same
was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
The Senate proceeded to the eighth order of business.
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.
On motion of Senator Chafin, the bill was recommitted to the
Committee on Finance.
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.
On motion of Senator Chafin, the bill was recommitted to the
Committee on Banking and Insurance.
The Senate proceeded to the ninth order of business.
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.
On motion of Senator Chafin, the bill was recommitted to the
Committee on Government Organization.
Eng. Com. Sub. for House Bill No. 2660, Expanding the
definition of limited health care service.
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.
Eng. Com. Sub. for House Bill No. 2904, Authorizing rules for
higher education.
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
Eng. House Bill No. 3189, Adding members to the Capitol
Building Commission.
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.
Eng. Com. Sub. for House Bill No. 3275, Changing the date
through which governmental entities are required to purchase
workers' compensation.
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 tenth order of business.
The following bills on first reading, coming up in regular
order, were each read a first time and ordered to second reading:
Eng. House Bill No. 2069, Increasing the faculty senate
allotment for classroom teachers and librarians.
Eng. House Bill No. 2651, Repealing article regulating male
breeding animals.
Eng. House Bill No. 2652, Repealing the Tree Fruit Industry
Self-Improvement Act of 1984.
Eng. Com. Sub. for House Bill No. 2702, Relating to the Deputy
Sheriff Retirement System Act.
Eng. Com. Sub. for House Bill No. 2703, Relating to the State
Teachers Retirement System.
Eng. House Bill No. 2734, Relating to minimum guarantees
provided to members who elected to transfer from the Teachers'
Defined Contribution System to the Teachers' Retirement System.
Eng. Com. Sub. for House Bill No. 2742, Repealing outdated
provisions from the WV Code relating to vinegars.
Eng. Com. Sub. for House Bill No. 2757, Relating to financial
audits of insurers.
Eng. House Bill No. 3066, Clarifying the supervision
requirements for elevator apprentices under elevator safety.
And,
Eng. Com. Sub. for House Bill No. 3082, Relating to the
gathering and reporting of foreclosure data and statistics.
The Senate proceeded to the twelfth order of business.
Remarks were made by Senator Oliverio.
Pending announcement of meetings of standing committees of the
Senate, including the Committee on Rules,
On motion of Senator Edgell, the Senate adjourned until
Monday, April 6, 2009, at 11 a.m.
____________
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