sdj-55th day
WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-NINTH LEGISLATURE
REGULAR SESSION, 2010
FIFTY-FIFTH DAY
____________
Charleston, W. Va., Monday, March 8, 2010
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by the Reverend Cameron Harkness, Oak Grove
Presbyterian Church, Hillsboro, West Virginia.
Pending the reading of the Journal of Friday, March 5, 2010,
On motion of Senator D. Facemire, 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 concurrence by that body in the passage of
Eng. Com. Sub. for Senate Bill No. 89, Relating to reinstating
former police chiefs or deputy chiefs to previously held positions.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage of
Eng. Com. Sub. for Com. Sub. for Senate Bill No. 349, Requiring child care centers have written evacuation plan.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage of
Eng. Senate Bill No. 514, Clarifying certain language in
Controlled Substances Monitoring Act.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage, to take effect from
passage, of
Eng. Com. Sub. for Senate Bill No. 543, Authorizing Energy and
Water Savings Revolving Loan Fund Program and PROMISE rules for
Higher Education Policy Commission.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage, to take effect from
passage, of
Eng. Senate Bill No. 553, Extending time to purchase full
service credit in Teachers' Defined Contribution Retirement System.
A message from The Clerk of the House of Delegates announced
the amendment by that body, passage as amended with its House of
Delegates amended title, and requested the concurrence of the
Senate in the House of Delegates amendments, as to
Eng. Senate Bill No. 604, Extending mental hygiene procedures'
sunset provision.
On motion of Senator Chafin, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendments to the bill were
reported by the Clerk:
By striking out everything after the enacting clause and
inserting in lieu thereof the provisions of Engrossed Committee
Substitute for House Bill No. 4563;
And,
By striking out the title and substituting therefor a new
title, to read as follows:
Eng. Senate Bill No. 604--A Bill
to amend and reenact §27-5-11
of the Code of West Virginia, 1931, as amended; and to amend and
reenact §27-7-1 of said code, all relating to mental hygiene
procedures; extending the termination date of the modified mental
hygiene procedures pilot project; and providing that upon discharge
from a mental health facility an individual will be informed about
a durable medical power of attorney.
On motion of Senator Chafin, the Senate refused to concur in
the foregoing House amendments to the bill (Eng. S. B. No. 604) and
requested the House of Delegates to recede therefrom.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
A message from The Clerk of the House of Delegates announced
the amendment by that body, passage as amended, to take effect July
1, 2010, and requested the concurrence of the Senate in the House
of Delegates amendments, as to
Eng. Com. Sub. for Senate Bill No. 631, Updating process for
adopting textbooks and other instructional material.
On motion of Senator Chafin, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendments to the bill were
reported by the Clerk:
On
page three, section one, line eighteen, by striking out the
word "adopted" and inserting in lieu thereof the word
"instructional";
On page three, section one, line twenty, after the word "The"
by striking out the word "adopted" and inserting in lieu thereof
the word "instructional"
;
On page four, section one, line forty-three, after the word
"County" by inserting the word "board";
On page six, section one, line eighty-five, by striking out the
word "change" and inserting in lieu thereof the word "charge";
On page eight, section two, line thirty-four, by striking out
the word "adoptions" and inserting in lieu thereof the words
"approvals for adoption";
On page nine, section two,
line fifty-one, after the word
"initial" by inserting the words "approvals for";
On page ten, section three, lines eleven and twelve, by
striking out the words "committee members" and inserting in lieu
thereof the word "teams";
On page ten, section three, line eighteen, by striking out the
words "or local education agency";
On page ten, section three, line twenty-one, after the word
"education" by inserting the words "or regional education service
agency";
On page twelve, section four, line thirty, after the word "the"
by inserting the word "instructional";
On page sixteen, section five, line forty-one, by striking out
the word "Districts" and inserting in lieu thereof the words "County
boards";
On page sixteen, section five, line forty-three, by striking
out the word "hall" and inserting in lieu thereof the word "shall"
;
On page seventeen, section six, line three, by striking out the
word "adopted" and inserting in lieu thereof the words "on the state
multiple list";
And,
On page eighteen, section seven, line ten, after the word
"adopted" by inserting the word "instructional".
On motion of Senator Chafin, the Senate concurred in the House
of Delegates amendments to the bill.
Engrossed Committee Substitute for Senate Bill No. 631, as
amended by the House of Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Barnes, Boley,
Bowman, Browning, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Foster, Green, Guills, Helmick, Jenkins, Kessler, Laird, McCabe,
Minard, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt,
Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--30.
The nays were: None.
Absent: Caruth, Fanning, Hall and Oliverio--4.
So, a majority 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. 631) passed with its title.
Senator Chafin moved that the bill take effect July 1, 2010.
On this question, the yeas were: Barnes, Boley, Bowman,
Browning, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Foster,
Green, Guills, Helmick, Jenkins, Kessler, Laird, McCabe, Minard,
Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells,
White, Williams, Yost and Tomblin (Mr. President)--30.
The nays were: None.
Absent: Caruth, Fanning, Hall and Oliverio--4.
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. 631) takes effect July 1, 2010.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
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 5th 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. 477), Creating centralized filing system for
legislative reports.
Respectfully submitted,
Corey Palumbo,
Chair, Senate Committee.
Danny Wells,
Chair, House Committee.
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. 4145, Providing services and
facilities to assist student veterans at state institutions of
higher education.
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 Education.
Respectfully submitted,
Erik P. Wells,
Chair.
At the request of Senator Wells, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 4145) contained in
the preceding report from the Committee on Military 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 Education, with amendments from the
Committee on Military pending.
Senator Wells, from the Committee on Military, submitted the
following report, which was received:
Your Committee on Military has had under consideration
House Concurrent Resolution No. 7, Requesting the Joint
Committee on Government and Finance to continue studying the needs,
challenges, and issues facing West Virginia veterans returning from
recent service.
And reports the same back with the recommendation that it be
adopted; but under the original double committee reference first be
referred to the Committee on Rules.
Respectfully submitted,
Erik P. Wells,
Chair.
The resolution, under the original double committee reference,
was then referred to the Committee on Rules.
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. 10, The "Sgt. Justin Alan
Thompson Memorial Highway".
And reports the same back with the recommendation that it be
adopted.
Respectfully submitted,
John R. Unger II,
Chair.
The Senate proceeded to the sixth order of business.
Senators
Prezioso, Helmick, Laird, Kessler, Deem, Sypolt,
Boley, Green, Snyder, Plymale and Edgell
offered the following
resolution:
Senate Concurrent Resolution No. 55--
Requesting the Joint
Committee on Government and Finance to study the accuracy and
accountability in the use of taxpayer dollars relating to the health
of women and children and ensure that abortions are as safe for
women and as rare for the unborn as possible.
Whereas, The decision of the Supreme Court of West Virginia in
Women's Health Center of WV, Inc. v. Panepinto, 191 W. Va. 436
(1993), restricts the denial of the use of public moneys to
terminate a pregnancy, the use of the public trust requires vigilant
accountability when public moneys are expended; and
Whereas, Reporting requirements should be established to apply
to any person, organization, or entity operating an abortion
facility receiving, controlled by, or having transferred to, moneys
from any state fund or funding source; and
Whereas, It is the policy of the State of West Virginia to
promote and encourage the health, safety and welfare of the women
and children of this state; to encourage strong prenatal and
pediatric care and encourage the use of taxpayer dollars toward
programs that do not include abortion services; and
Whereas, In furtherance of that policy, and to provide adequate
accountability of the public trust, those persons, organizations,
or entities receiving public moneys should annually file a report
with the Department of Health and Human Services (hereinafter,
"department"), in which the person, organization, or entity must,
attest to the following information:
1. The amount of public moneys used for abortion services;
2. The number of abortions performed in which public moneys
were used (in whole or in part);
3. The number of adoption referrals made prior to the
performance of an abortion;
4. The age of the woman requesting an abortion;
5. A sworn statement by the person, organization, or entity
that any pregnant woman deemed incapable of giving consent was
referred to members of the local law-enforcement for investigation;
6. A sworn statement by the person, organization, or entity
that all legal requirements were met prior to the performance of an
abortion; and
7. The number of abortions, performed with public moneys, which
were deemed a medical emergency.
Whereas, In support of the state's compelling interest in
providing for the common benefit, protection, and security of its
women, children, and families, if an abortion is performed at a
publicly or privately funded medical facility in this state, the
medical facility should submit to the department a report of each
abortion performed in the hospital or facility. The report may not
identify the individual patient by name, but must include the
following information:
1. The name and address of the facility where the abortion was
performed;
2. The type of facility where the abortion was performed;
3. The county where the abortion was performed;
4. The woman's age;
5. The woman's educational background by highest grade
completed and, if applicable, level of college completed;
6. The county and state in which the woman resides;
7. The woman's race and ethnicity;
8. The woman's marital status;
9. The number of prior pregnancies and prior abortions of the woman;
10. The number of previous spontaneous terminations of
pregnancy of the woman;
11. The gestational age of the unborn child at the time of the
abortion;
12. The reason for the abortion, including whether the abortion
is elective or due to maternal or fetal health considerations;
13. The type of procedure performed or prescribed and the date
of the abortion;
14. Any preexisting medical conditions of the woman that would
complicate pregnancy and any known medical complication that
resulted from the abortion; and
15. The basis for any medical judgment that a medical emergency
existed that excused the physician from compliance with the
requirements of this chapter.
Whereas, A physician's statement, if required, must be signed
by the physician who performed the abortion or, if a health
professional other than a physician is authorized by law to
prescribe or administer abortion medication, the signature and title
of the person who prescribed or administered the abortion
medication. The form should indicate that the person who signs the
report is attesting that the information in the report is correct.
The medical facility should transmit the report to the department
within fifteen days after the last day of each reporting month; and
Whereas, A health professional who provides medical care or
treatment to a woman who, in the good faith judgment of the health
professional, is in need of medical care because of a complication
or complications resulting from having undergone an abortion or
attempted abortion must file a report with the department on a form
prescribed by the department within thirty days after the date of
the health professional's first examination of the woman. The report
should contain the following information and other information as
the department may require:
(1) The date of the abortion;
(2) The woman's age;
(3) The number of pregnancies the woman may have had before the
abortion;
(4) The number and type of abortions the woman may have had
before this abortion;
(5) The name and address of the facility where the abortion was
performed;
(6) The gestational age of the unborn child at the time of the
abortion, if known;
(7) The type of abortion performed, if known;
(8) The nature of the complication or complications;
(9) The medical treatment given; and
(10) The nature and extent, if known, of any permanent
condition caused by the complication.
The medical facility should complete the complication report,
which shall indicate that the person who signs the report is
attesting that the information in the report is correct. The
medical facility should transmit the report to the department within
fifteen days after the last day of each reporting month; and
Whereas, Any report should not contain the name of the woman,
common identifiers such as the woman's social security number,
driver license number or insurance carrier identification numbers
or any other information or identifiers that would make it possible
to identify in any manner or under any circumstances an individual
who has obtained or seeks to obtain an abortion; and
Whereas, The department should collect all abortion reports and
complication reports and prepare a comprehensive annual statistical
report based on the data gathered in the reports. The statistical
report may not lead to the disclosure of the identity of any person
filing a report or about whom a report is filed. The department
should make the statistical report available on its website and for
public inspection and copying. These reports are not public records
and are not available for public inspection, except that disclosure
may be made to law-enforcement officials on an order of a court
after application showing good cause. The court may condition
disclosure of the information on any appropriate safeguards it may
impose; and
Whereas, The study should also review and propose potential penalties, civil or criminal, that should be imposed for
noncompliance; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study the accuracy and accountability in the use of
taxpayer dollars relating to the health of women and children and
ensure that abortions are as safe for women and as rare for the
unborn as possible; 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.
Which, under the rules, lies over one day.
Senator Chafin offered the following resolution:
Senate Concurrent Resolution No. 56--Requesting the Division
of Highways name bridge number 28-120-2.43, located in Mercer
County, the "Phoebe Goodwill Memorial Bridge".
Whereas, Phoebe Goodwill and her husband Philip were early
pioneers in the coalfields of southern West Virginia; and
Whereas, Phoebe Goodwill and her husband Philip owned Goodwill
Coal & Coke Company; and
Whereas, Phoebe Goodwill and her husband Philip built a mansion
overlooking the Bluestone River and downtown Bramwell; and
Whereas, Phoebe Goodwill and her husband Philip played an
important role in making Bramwell the booming business capitol of
the coalfields; and
Whereas, It is fitting, to honor the memory of Phoebe Goodwill,
who represents the strong women of the pioneer coal mining days, by
naming bridge number 28-120-2.43, located in Mercer County, the
"Phoebe Goodwill Memorial Bridge"; therefore, be it
Resolved by the West Virginia Legislature:
That the Legislature hereby requests the Division of Highways
name bridge number 28-120-2.43, located in Mercer County, the
"Phoebe Goodwill Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways is hereby
requested to have made and be placed signs identifying the bridge
as the "Phoebe Goodwill Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the Senate is hereby
directed to forward a copy of this resolution to the Secretary of
the Department of Transportation.
Which, under the rules, lies over one day.
Senator Chafin offered the following resolution:
Senate Concurrent Resolution No. 57--Requesting the Division of Highways name bridge number 28-20/5-0.07, located in Mercer
County, the "Yon-Peraldo Memorial Bridge".
Whereas, Mauro Peraldo and Livio Yon were natives of
Piedicavallo, Italy; and
Whereas, Mauro Peraldo and Livio Yon learned the stonemason
trade as apprentices during their childhood; and
Whereas, Mauro Peraldo and Livio Yon settled in Bramwell, West
Virginia, when they arrived from Italy; and
Whereas, Mauro Peraldo and Livio Yon, with a crew of at least
20 stonemasons, built grand structures, foundations, stone walls,
cemetery walls and reservoirs; and
Whereas, Mauro Peraldo and Livio Yon's artistic work remains
as a treasured legacy for the people in the 21st Century to
appreciate; and
Whereas, It is fitting, to honor the memory of Mauro Peraldo
and Livio Yon, by naming bridge number 28-20/50.07, located in
Mercer County, the "Yon-Peraldo Memorial Bridge"; therefore, be it
Resolved by the West Virginia Legislature:
That the Legislature hereby requests the Division of Highways
name bridge number 28-20/5-0.07, located in Mercer County, the "Yon-
Peraldo Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways is hereby
requested to have made and be placed signs identifying the bridge
as the "Yon-Peraldo Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the Senate is hereby
directed to forward a copy of this resolution to the Secretary of
the Department of Transportation.
Which, under the rules, lies over one day.
Senator Chafin offered the following resolution:
Senate Concurrent Resolution No. 58--Requesting the Division
of Highways name bridge number 28-20/9-0.09, located in Mercer
County, the "Andrew Scott Memorial Bridge".
Whereas, Andrew Scott was born in Middleton-in-Teasdale, Durham
County, England, in 1857; and
Whereas, Andrew Scott was a stonemason, carpenter and
bricklayer by trade when he traveled to America in his early 20's;
and
Whereas, Andrew Scott moved to the booming Pocahontas coalfield
and worked for Mill Creek Coal & Coke Company at Cooper; and
Whereas, Andrew Scott specialized in construction of mine
portals and coke ovens, both beehive and block; and
Whereas, Andrew Scott bought property on a hillside overlooking
downtown Bramwell and built his stone house there, which is still
standing today; and
Whereas, It is fitting, to honor the memory of Andrew Scott for
his contributions to the area, by naming bridge number 28-20/9-0.09,
located in Mercer County, the "Andrew Scott Memorial Bridge";
therefore, be it
Resolved by the West Virginia Legislature:
That the Legislature hereby requests the Division of Highways
name bridge number 28-20/9-0.09, located in Mercer County, the
"Andrew Scott Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways is hereby
requested to have made and be placed signs identifying the bridge
as the "Andrew Scott Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the Senate is hereby
directed to forward a copy of this resolution to the Secretary of
the Department of Transportation.
Which, under the rules, lies over one day.
Senator Chafin offered the following resolution:
Senate Concurrent Resolution No. 59--Requesting the Division
of Highways name bridge number 28-120-1.37, located in Mercer
County, the "Maria Cooper Memorial Bridge".
Whereas, Maria Cooper was born in England and immigrated to the
anthracite coalfields of Pennsylvania during the American Civil War;
and
Whereas, From Pennsylvania, Maria Cooper and her husband John
moved in a mule-drawn wagon to the bituminous New River field in
Quinnemont; and
Whereas, In 1884, John Cooper's Mill Creek Mine was the first
mine opened on the West Virginia side of the Pocahontas coal field;
and
Whereas, Maria Cooper was stood strong beside her husband
through all the hardship and prosperity; and
Whereas, Maria Cooper was active in the community and her
generosity, kindness and benevolence were known throughout the town
of Bramwell; and
Whereas, It is fitting, to honor the memory of Maria Cooper,
by naming bridge number 28-120-1.37, located in Mercer County, the
"Maria Cooper Memorial Bridge"; therefore, be it
Resolved by the West Virginia Legislature:
That the Legislature hereby requests the Division of Highways
name bridge number 28-120-1.37, located in Mercer County, the "Maria
Cooper Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways is hereby
requested to have made and be placed signs identifying the bridge
as the "Maria Cooper Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the Senate is hereby
directed to forward a copy of this resolution to the Secretary of
the Department of Transportation.
Which, under the rules, lies over one day.
Senators Prezioso, Barnes, Snyder, Plymale, Oliverio, Kessler,
Stollings and McCabe offered the following resolution:
Senate Resolution No. 50--
Designating the week of March 7-13,
2010, as National Problem Gambling Awareness Week in West Virginia.
Whereas, On behalf of the citizens of West Virginia, the Senate joins the West Virginia Council on Problem Gambling and the Problem
Gamblers Help Network of West Virginia in promoting March 7-13,
2010, as National Problem Gambling Awareness Week in West Virginia;
and
Whereas, Promoting the awareness week provides individuals in
the problem gambling community an opportunity to educate the public
and policymakers about the social and financial effectiveness of
services available for problem gambling; and
Whereas, Problem gambling is a public health issue affecting
millions of Americans of all ages, races and ethnic backgrounds in
all communities and which has a significant societal and economic
cost; and
Whereas, Problem gambling is treatable and treatment is
effective in minimizing the harm to both individuals and society as
a whole; and
Whereas, Numerous individuals, professionals and organizations
have dedicated their efforts to the education of the public about
problem gambling and the availability and effectiveness of
treatment; and
Whereas, The Senate, the West Virginia Council on Problem
Gambling and the Problem Gamblers Help Network of West Virginia
invite all residents of West Virginia to participate in National
Problem Gambling Awareness Week; therefore, be it
Resolved by the Senate:
That the Senate hereby designates the week of March 7-13, 2010,
as National Problem Gambling Awareness Week in West Virginia; and,
be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to the West Virginia Council on Problem
Gambling and the Problem Gamblers Help Network of West Virginia.
At the request of Senator Prezioso, 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 seventh order of business.
Senate Concurrent Resolution No. 49, Requesting DOH name bridge
in Mercer County "Isabella Freeman Memorial Bridge".
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on
Transportation and Infrastructure.
Senate Concurrent Resolution No. 50, Requesting DOH name bridge
in Wayne County "Corporal Samuel R. Drown Memorial Bridge".
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on
Transportation and Infrastructure.
Senate Resolution No. 49, Supporting Governor's efforts in developing South Charleston Technology Park.
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.
The Senate proceeded to the eighth order of business.
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.
Eng. Com. Sub. for House Bill No. 4374, Caregivers Consent Act.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill,
the yeas were: Barnes, Boley,
Bowman, Browning, Chafin, Deem, Edgell, D. Facemire, K. Facemyer,
Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird,
McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder, Stollings,
Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr.
President)--31.
The nays were: None.
Absent: Caruth, Fanning and Oliverio--3.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. Com.
Sub. for H. B. No. 4374) passed.
On motion of Senator Kessler, the following amendment to the
title of the bill was reported by the Clerk and adopted:
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; defining terms;
setting parameters of caregiver's consent for minor's health care;
detailing duties of health care facilities or practitioners; stating
requirements for affidavits of caregiver consent; providing for
revocation or termination of consent; limiting liability for good
faith reliance on affidavit; stating exceptions to applicability;
creating a criminal penalty for false statement; and establishing
rule-making authority
.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Com. Sub. for House Bill No. 4407, Updating the law
regarding the rabies vaccinations of dogs and cats.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Boley, Bowman, Browning, Chafin, Deem, Edgell, D. Facemire, K. Facemyer,
Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird,
McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder, Stollings,
Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr.
President)--31.
The nays were: None.
Absent: Caruth, Fanning and Oliverio--3.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. Com.
Sub. for H. B. No. 4407) passed.
On motion of Senator Kessler, the following amendment to the
title of the bill was reported by the Clerk and adopted:
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 requiring rabies vaccination of dogs and
cats of a certain age; requiring that administered rabies
vaccinations be capable of producing immunity for three years;
requiring that dogs and cats receive necessary boosters; providing
for the appointment of a qualified person to vaccinate when there
is no licensed veterinarian in the county; and requiring rabies
vaccinations for dogs and cats prior to entering the state.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
The Senate proceeded to the ninth order of business.
Eng. Com. Sub. for House Bill No. 3301, Amending the Division
of Labor rule verifying employees legal employment status.
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
Eng. Com. Sub. for House Bill No. 4133, Clarifying the
requirements to practice marriage and family therapy.
On second reading, coming up in regular order, was read a
second time.
The following amendment to the bill, from the Committee on the
Judiciary, was reported by the Clerk and adopted:
By striking out everything after the enacting section and
inserting in lieu thereof the following:
ARTICLE 31. LICENSED PROFESSIONAL COUNSELORS.
§30-31-9. Requirements for a license to practice marriage and
family therapy.
(a) To be eligible for a license to practice marriage and
family therapy, an applicant must:
(1) Be of good moral character;
(2) Be at least eighteen years of age;
(3) Be a citizen of the United States or be eligible for
employment in the United States;
(4) Pay the applicable fee;
(5)(A)(i) Have earned a master's degree in marriage and family
therapy from a program accredited by the Commission on Accreditation for Marriage and Family Therapy Education, the Council for
Accreditation of Counseling and Related Education Programs, or a
comparable accrediting body as approved by the board, or in a field
closely related to an accredited marriage and family therapy program
as determined by the board, or have received training equivalent to
such degree as may be determined by the board; and
(ii) Have at least two years of supervised professional
experience in marriage and family therapy of such a nature as is
designated by the board after earning a master's degree or
equivalent; or
(B) (i) Have earned a doctorate degree in marriage and family
therapy from a program accredited by the Commission on Accreditation
for Marriage and Family Therapy Education, the Council for
Accreditation of Counseling and Related Education Programs, or a
comparable accrediting body as approved by the board, or in a field
closely related to an accredited marriage and family therapy program
as determined by the board, or have received training equivalent to
such degree as may be determined by the board; and
(ii) Have at least one year of supervised professional
experience in marriage and family therapy of such a nature as is
designated by the board after earning a doctorate degree or
equivalent;
(6) Have passed a standardized national certification
examination in marriage and family therapy as approved by the board;
(7) Not have been convicted of a felony or crime involving
moral turpitude under the laws of any jurisdiction:
(A) If the applicant has never been convicted of a felony or
a crime involving moral turpitude, the applicant shall submit
letters of recommendation from three persons not related to the
applicant and a sworn statement from the applicant stating that he
or she has never been convicted of a felony or a crime involving
moral turpitude; or
(B) If the applicant has been convicted of a felony or a crime
involving moral turpitude, it is a rebuttable presumption that the
applicant is unfit for licensure unless he or she submits competent
evidence of sufficient rehabilitation and present fitness to perform
the duties of a licensed professional counselor person licensed to
practice marriage and family therapy as may be established by the
production of:
(i) Documentary evidence including a copy of the relevant
release or discharge order, evidence showing compliance with all
conditions of probation or parole, evidence showing that at least
one year has elapsed since release or discharge without subsequent
conviction, and letters of reference from three persons who have
been in contact with the applicant since his or her release or
discharge; and
(ii) Any collateral evidence and testimony as may be requested
by the board which shows the nature and seriousness of the crime, the circumstances relative to the crime or crimes committed and any
mitigating circumstances or social conditions surrounding the crime
or crimes, and any other evidence necessary for the board to judge
present fitness for licensure or whether licensure will enhance the
likelihood that the applicant will commit the same or similar
offenses;
(8) Not be an alcohol or drug abuser as these terms are defined
in section eleven, article one-a, chapter twenty-seven of this code:
Provided, That an applicant who has had at least two continuous
years of uninterrupted sobriety in an active recovery process, which
may, in the discretion of the board, be evidenced by participation
in a twelve-step program or other similar group or process, may be
considered; and
(9) Has fulfilled any other requirement specified by the board.
(b) A person who holds a license or other authorization to
practice marriage and family therapy issued by another state, the
qualifications for which license or other authorization are
determined by the board to be at least substantially equivalent to
the license requirements in this article, is eligible for licensure.
(b) (c) A person seeking licensure under the provisions of this
section shall submit an application on a form prescribed by the
board and pay all applicable fees.
(c) (d) A person who is licensed for the five years prior to
the effective date of this section
(6) and (7) and (8) of
subsection (a) of this section is eligible for a license to practice
marriage and family therapy until July 1, 2013 2012, and is eligible
for renewal under section ten.
The bill (Eng. Com. Sub. for H. B. No. 4133), as amended, was
then ordered to third reading.
Eng. House Bill No. 4171, Relating to criminogenic risk and
needs assessments.
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 pages two through fifteen, by striking out all of section
thirteen;
And,
By striking out the enacting section and inserting in lieu
thereof a new enacting section, to read as follows:
That §25-1-15 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:.
The bill (Eng. H. B. No. 4171), as amended, was then ordered
to third reading.
Eng. Com. Sub. for House Bill No. 4291, Eliminating duplicitous criminal background investigations with both the West Virginia State
Police and the Federal Bureau of Investigation.
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
Eng. Com. Sub. for House Bill No. 4352, Authorizing the West
Virginia Supreme Court of Appeals to create a Business Court
Division within certain circuit court districts.
On second reading, coming up in regular order, was reported by
the Clerk.
At the request of Senator Kessler, unanimous consent being
granted, the bill was laid over one day, retaining its place on the
calendar.
Eng. House Bill No. 4361, Removing provisions prohibiting
sharing domestic violence information with other governments.
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
Eng. Com. Sub. for House Bill No. 4459, Increasing the time in
which a dependent may apply for Workers Compensation death benefits
where occupational pneumoconiosis is determined to be a cause of
death.
On second reading, coming up in regular order, was read a
second time.
The following amendment to the bill, from the Committee on the
Judiciary, was reported by the Clerk and adopted:
By striking out everything after the enacting clause and
inserting in lieu thereof the following:
That §23-4-10 and §23-4-15 of the Code of West Virginia, 1931,
as amended, be amended and reenacted to read as follows:
ARTICLE 4. DISABILITY AND DEATH BENEFITS.
§23-4-10. Classification of death benefits; "dependent" defined.
In case a personal injury, other than occupational
pneumoconiosis or other occupational disease, suffered by an
employee in the course of and resulting from his or her employment,
causes death, and disability is continuous from the date of the
injury until the date of death, or if death results from
occupational pneumoconiosis or from any other occupational disease,
the benefits shall be in the amounts and to the persons as follows:
(a) If there are no dependents, the disbursements shall be
limited to the expense provided for in sections three and four of
this article;
(b) If there are dependents as defined in subdivision (d) of
this section, the dependents shall be paid for as long as their
dependency continues in the same amount that was paid or would have
been paid the deceased employee for total disability had he or she
lived. The order of preference of payment and length of dependence
shall be as follows:
(1) A dependent widow or widower until death or remarriage of
the widow or widower, and any child or children dependent upon the decedent until each child reaches eighteen years of age or where the
child after reaching eighteen years of age continues as a full-time
student in an accredited high school, college, university, business
or trade school, until the child reaches the age of twenty-five
years, or if an invalid child, to continue as long as the child
remains an invalid. All persons are jointly entitled to the amount
of benefits payable as a result of employee's death;
(2) A wholly dependent father or mother until death; and
(3) Any other wholly dependent person for a period of six years
after the death of the deceased employee;
(c) If the deceased employee leaves no wholly dependent person,
but there are partially dependent persons at the time of death, the
payment shall be fifty dollars a month to continue for the portion
of the period of six years after the death, determined by the
commission, successor to the commission, other private carrier or
self-insured employer, whichever is applicable, but no partially
dependent person shall receive compensation payments as a result of
the death of more than one employee.
Compensation under this subdivision and subdivision (b) of this
section shall, except as may be specifically provided to the
contrary in those subdivisions, cease upon the death of the
dependent, and the right to the compensation shall not vest in his
or her estate.
(d) "Dependent", as used in this chapter, means a widow, widower, child under eighteen years of age, or under twenty-five
years of age when a full-time student as provided in this section,
invalid child or posthumous child, who, at the time of the injury
causing death, is dependent, in whole or in part, for his or her
support upon the earnings of the employee, stepchild under eighteen
years of age, or under twenty-five years of age when a full-time
student as provided in this section, child under eighteen years of
age legally adopted prior to the injury causing death, or under
twenty-five years of age when a full-time student as provided in
this section, father, mother, grandfather or grandmother, who, at
the time of the injury causing death, is dependent, in whole or in
part, for his or her support upon the earnings of the employee; and
invalid brother or sister wholly dependent for his or her support
upon the earnings of the employee at the time of the injury causing
death; and
(e) If a person receiving permanent total disability benefits
dies from a cause other than a disabling injury leaving any
dependents as defined in subdivision (d) of this section, an award
shall be made to the dependents in an amount equal to one hundred
four times the weekly benefit the worker was receiving at the time
of his or her death and be paid either as a lump sum or in periodic
payments, at the option of the dependent or dependents.
(f) The Insurance Commissioner shall prescribe a form notice
to be sent by the commissioner, private carrier or self-insured employer, as applicable, to the dependent with the first payment and
six months prior to the last payment of the benefits provided in
subsection (e) of this section, that advises the dependent that the
benefits will stop as of a date certain. The notice shall also
advise the dependent that he or she may be eligible for additional
benefits under section fifteen of this article and how to apply for
those benefits. The notices shall be written in plain English in
a manner that is easily understood by the general public.
§23-4-15. Application for benefits.
(a) To entitle any employee or dependent of a deceased employee
to compensation under this chapter, other than for occupational
pneumoconiosis or other occupational disease, the application for
compensation shall be made on the form or forms prescribed by the
commission and, effective upon termination of the commission, the
Insurance Commissioner, and filed with the commission, successor to
the commission, other the Insurance Commissioner, private carrier
or self-insured employer, whichever is applicable, within six months
from and after the injury or death, as the case may be, and unless
filed within the six months period, the right to compensation under
this chapter is forever barred, such time limitation being hereby
declared to be a condition of the right and hence jurisdictional,
and all proofs of dependency in fatal cases must also be filed with
the commission within six months from and after the death. In case
the employee is mentally or physically incapable of filing the application, it may be filed by his or her attorney or by a member
of his or her family.
(b) To entitle any employee to compensation for occupational
pneumoconiosis under the provisions of this subsection, the
application for compensation shall be made on the form or forms
prescribed by the commission and effective upon termination of the
commission, the Insurance Commissioner, and filed with the
commission, successor to the commission, other Insurance
Commissioner, private carrier or self-insured employer, whichever
is applicable, within three years from and after the last day of the
last continuous period of sixty days or more during which the
employee was exposed to the hazards of occupational pneumoconiosis
or within three years from and after a diagnosed impairment due to
occupational pneumoconiosis was made known to the employee by a
physician and unless filed within the three-year period, the right
to compensation under this chapter is forever barred, such time
limitation being hereby declared to be a condition of the right and
hence jurisdictional, or, in the case of death, the application
shall be filed by the dependent of the employee within one year two
years from and after the employee's death, and such time limitation
is a condition of the right and hence jurisdictional.
(c) To entitle any employee to compensation for occupational
disease other than occupational pneumoconiosis under the provisions
of this section, the application for compensation shall be made on the form or forms prescribed by the commission and, effective upon
termination of the commission, the Insurance Commissioner, and filed
with the commission, successor to the commission, other Insurance
Commissioner, private carrier or self-insured employer, whichever
is applicable, within three years from and after the day on which
the employee was last exposed to the particular occupational hazard
involved or within three years from and after the employee's
occupational disease was made known to him or her by a physician or
which he or she should reasonably have known, whichever last occurs,
and unless filed within the three-year period, the right to
compensation under this chapter shall be forever barred, such time
limitation being hereby declared to be a condition of the right and
therefore jurisdictional, or, in case of death, the application
shall be filed as aforesaid by the dependent of the employee within
one year from and after the employee's death, and such time
limitation is a condition of the right and hence jurisdictional.
The bill (Eng. Com. Sub. for H. B. No. 4459), as amended, was
then ordered to third reading.
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 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. Com. Sub. for House Bill No. 4035, Relating to electronic
filing of tax returns and electronic funds transfers in payment of
taxes.
Eng. Com. Sub. for House Bill No. 4187, Continuing the current
hazardous waste management fee until 2015.
Eng. Com. Sub. for House Bill No. 4299, Providing that nonstate
retired employees who have worked for their last nonstate employer
for less than five years are responsible for their entire premium
cost.
Eng. House Bill No. 4312, Relating to the Tax Procedure and
Administration Act.
And,
Eng. Com. Sub. for House Bill No. 4335, Relating to the
business registration tax.
Without objection, the Senate returned to the third order of
business.
Executive Communications
Senator Tomblin (Mr. President) laid before the Senate the
following communication from His Excellency, the Governor:
STATE OF WEST VIRGINIA
OFFICE OF THE GOVERNOR
CHARLESTON
March 5, 2010
The Honorable Earl Ray Tomblin
President, West Virginia Senate
The Honorable Richard Thompson
Speaker, West Virginia House of Delegates
State Capitol
Charleston, West Virginia
Dear President Tomblin and Speaker Thompson:
After submission of my recommended FY 2011 Executive Budget on
January 13, 2010, there have been a few areas that require
adjustments and, therefore, I would like to provide you with several
recommended revisions to the TITLE II - APPROPRIATIONS:
Section 1. Appropriations from general revenue.
Please use the attached spreadsheet to adjust the original
recommended increases for the employer contribution to the Public
Employees Retirement System (PERS) that were included in General
Revenue funds. This change represents a $14,986,603 reduction in
General Revenue appropriations for FY 2011.
Department of Commerce
Division of Natural Resources, Fund 0265, Fiscal Year 2011, Org
0310
(To provide for the Pay Equity Reserve allocation in January 2010.)
Increase "Personal Services," Activity 001 by $3,561
Increase "Employee Benefits," Activity 010 by $712
Department of Education
State Department of Education - State Aid to Schools, Fund 0317,
Fiscal Year 2011, Org 0402
(To adjust appropriation to maximize use of the Federal
Economic Stimulus for Education Stabilization.)
Decrease "Professional Educators," Activity 151 by $711,148
(To adjust appropriation due to increase in Local Share
calculations.)
Increase "Improved Instructional Programs," Activity 156 by
$1,315,383
Increase "21st Century Strategic Technology Learning
Growth," Activity 936 by $1,315,383
(To adjust Local Share to actual need based on March 3, 2010,
calculations.)
Increase "Less Local Share," line $10,580,951 from
($371,636,040) to ($382,216,991)
(To adjust the appropriation to the January 13, 2010,
actuarial estimation for TRS.)
Increase "Teachers' Retirement System," Activity 019 by
$1,412,000
Increase "Retirement Systems - Unfunded Liability," Activity 775 by $22,469,284
Department of Health and Human Resources
Division of Health and Human Resources - Office of the Secretary,
Fund 0400, Fiscal Year 2011, Org 0501
(To provide for the Pay Equity Reserve allocation in
January 2010.)
Increase "Unclassified," Activity 099 by $56
Division of Health - Central Office, Fund 0407, Fiscal Year 2011,
Org 0506
(To provide for the Pay Equity Reserve allocation in
January 2010.)
Increase "Personal Services," Activity 001 by $807
Increase "Employee Benefits," Activity 010 by $155
(To reduce the allocation due to the payoff of the Tug River
Health Association mortgage in FY 2010.)
Decrease "Primary Care Centers - Mortgage Finance,"
Activity 413 by $28,500
Remove from language "$28,500 for the mortgage payment for
the Tug River Health Association, Inc.;"
Consolidated Medical Service Fund, Fund 0525, Fiscal Year 2011, Org
0506
(To provide for the Pay Equity Reserve allocation in
January 2010.)
Increase "Institutional Facilities Operations," Activity 335 by $54,836
Division of Human Services, Fund 0403, Fiscal Year 2011, Org 0511
(To provide for the Pay Equity Reserve allocation in
January 2010.)
Increase "Personal Services," Activity 001 by $103,474
Increase "Employee Benefits," Activity 010 by $20,693
Increase "James 'Tiger' Morton Catastrophic Illness Fund,"
Activity 455 by $570
Increase "Child Protective Services Case Workers," Activity
468 by $56,307
Increase "OSCAR and RAPIDS," Activity 515 by $142
Increase "Child Welfare System," Activity 603 by $284
Department of Military Affairs and Public Safety
Department of Military Affairs and Public Safety - Office of the
Secretary, Fund 0430, Fiscal Year 2011, Org 0601
(To establish the funding for the Academy Manager position in
the Secretary's Office to oversee the correctional training
academy at Glenville State College.)
Increase "Unclassified," Activity 099 by $60,000
Division of Homeland Security and Emergency Management, Fund 0443,
Fiscal Year 2011, Org 0606
(To restore funding to FY 2009 level due to increase in
declared disasters.)
Increase "Disaster Mitigation," Activity 952 by $50,000
Division of Veterans' Affairs, Fund 0456, Fiscal Year 2011, Org
0613
(To provide for the Pay Equity Reserve allocation in January
2010.)
Increase "Veterans' Nursing Home," Activity 286 by $5,840
(To restore funding to FY 2010 level.)
Increase "Veterans' Grant Program," Activity 342 by $75,000
(To restore funding to FY 2010 level.)
Increase "Veterans' Transportation," Activity 485 by
$100,000
Division of Veterans' Affairs - Veterans' Home, Fund 0460, Fiscal
Year 2011, Org 0618
(To provide for the Pay Equity Reserve allocation in
January 2010.)
Increase "Personal Services," Activity 001 by $2,136
Increase "Employee Benefits," Activity 010 by $427
Division of Juvenile Services, Fund 0570, Fiscal Year 2011, Org
0621
(To move funding for the Academy Manager position to the
Secretary's Office.)
Decrease "Central Office," Activity 701 by $60,000
Department of Revenue
State Budget Office, Fund 0595, Fiscal Year 2011, Org 0703
(To provide for the Pay Equity Reserve allocation in January 2010.)
Decrease "Pay Equity Reserve," Activity 364 by $250,000
Department of Transportation
State Rail Authority, Fund 0506, Fiscal Year 2011, Org 0804
(To add reappropriation language for activity 099
(Unclassified) due to the winter weather causing delays on two
projects.)
Add (R) symbol at the end of activity name and the
following reappropriation language: "Any unexpended
balance remaining in the appropriation for Unclassified
(fund 0506, activity 099) at the close of the fiscal year
2010 is hereby reappropriated for expenditure during the
fiscal year 2011 with the exception of fund 0506, fiscal
year 2010, activity 099 ($91,845), which shall expire on
June 30, 2010."
Section 2. Appropriations from state road fund.
Department of Transportation
Division of Highways, Fund 9017, Fiscal Year 2011, Org 0803
(To add a new line item of appropriation related to a possible
second distribution of American Recovery and Reinvestment Act
federal funds for highway projects.)
Add "Federal Economic Stimulus II," Activity 802 for
$140,000,000
Section 3. Appropriations from other funds.
Department of Administration
Department of Administration - Office of the Secretary Employee
Pension and Health Care Benefit Fund, Fund 2044, Fiscal Year
2011, Org 0201
(To adjust the spending authority due to a January 2010
actuarial estimation for TRS.)
Increase "Unclassified - Total," Activity 096 by $4,872,000
Section 4. Appropriations from lottery net profits.
Please use the attached spreadsheet to adjust down the original
recommended increases for the employer contribution to the Public
Employees Retirement System (PERS) that were included in Lottery
funds. This change represents a $228,257 reduction in Lottery
appropriations for FY 2011.
Section 5. Appropriations from state excess
lottery revenue fund.
Lottery Commission - Excess Lottery Revenue Fund Surplus, Fund
7208, Fiscal Year 2011, Org 0705
(To adjust the appropriation due to a January 2010 actuarial
estimation for TRS.)
Increase "Teachers' Retirement Savings Realized," Activity
095 by $4,872,000
State Department of Education, Fund 3517, Fiscal Year 2011, Org
0402
(To adjust the appropriation to the January 13, 2010,
actuarial estimation for TRS.)
Decrease "Retirement Systems - Unfunded Liability,"
Activity 775 by $26,079,284
Section 6. Appropriations of federal funds.
Legislative
Crime Victims Compensation Fund, Fund 8738, Fiscal Year 2011, Org
2300
(To reflect an increase in spending authority based upon an
increase in awards on behalf of victims of crime.)
Increase "Unclassified - Total," Activity 096 by $1,336,801
Executive
Governor's Office - ARRA NTIA Broadband Infrastructure Grant Fund,
Fund 8717, Fiscal Year 2011, Org 0100
(Add a new fund and item of appropriation for the American
Recovery and Reinvestment Act of 2009 related to West
Virginia's award from the National Telecommunications and
Information Administration (NTIA) for broadband
infrastructure.)
-Governor's Office-
ARRA NTIA Broadband Infrastructure Grant Fund
(WV Code Chapter 5)
Fund 8717 FY 2011 Org 0100
1
Federal Economic Stimulus 891$126,000,000
Department of Transportation
Public Port Authority, Fund 8830, Fiscal Year 2011, Org 0806
(To reflect an increase in spending authority for a grant from
the Department of Homeland Security to improve security for
the Port of Huntington.)
Increase "Unclassified - Total," Activity 096 by $1,550,000
Section 8. Awards for claims against the state.
Please amend the language to read as follows:
"There are hereby appropriated for fiscal year 2011, from the
funds as designated, in the amounts as specified, general
revenue funds in the amount of $2,170,152, special revenue
funds in the amount of $81,311, and state road funds in the
amount of $1,565,283 for payment of claims against the state."
Thank you for your time and consideration in this matter. Your
cooperation is always appreciated. Should you have any questions
or require additional information, please call me at any time.
Sincerely,
Joe Manchin III,
Governor.
Which communication was received and referred to the Committee
on Finance.
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
resumed business under the third order.
Executive Communications
The Clerk then presented communications from His Excellency,
the Governor, advising that on March 8, 2010, he had approved
Enr.
Senate Bill No. 477, Enr. Senate Bill No. 548 and
Enr. House Bill
No. 4037.
Senator Tomblin (Mr. President) laid before the Senate the
following communication from His Excellency, the Governor, regarding
annual reports, which communication was received:
STATE OF WEST VIRGINIA
OFFICE OF THE GOVERNOR
CHARLESTON
March 5, 2010
Senate Executive Message No. 5
The Honorable Earl Ray Tomblin
President, West Virginia Senate
State Capitol
Charleston, West Virginia
Dear Mr. President:
Pursuant to the provisions of §5-1-20 of the Code of West
Virginia, I hereby certify that the following 2008-2009 annual
reports have been received in the Office of the Governor:
1.Accountancy, West Virginia Board of;
2.Affordable Housing Trust Fund, West Virginia;
3.Architects, West Virginia State Board of;
4.Behavioral Health, Office of the Ombudsman for, West
Virginia Department of Health and Human Resources;
5.Chiropractic, West Virginia Board of;
6.Commercial Motor Vehicle Weight and Safety Enforcement
Advisory Committee, West Virginia Public Service Commission;
7.Conservation Easements, County Farmland Protection Boards,
West Virginia Agricultural Land Protection Authority;
8.Consumer Advocate, Division of, West Virginia Public
Service Commission;
9.Consumer Advocate, Division of, Office of the Insurance
Commissioner, West Virginia Department of Revenue;
10.Corrections, Division of, West Virginia Department of
Military Affairs and Public Safety;
11.Counseling, West Virginia Board of Examiners in (2007 -
2009);
12.Court of Claims, West Virginia;
13.Court of Claims, Crime Victims Compensation Fund, West
Virginia;
14.Court System, West Virginia Supreme Court of Appeals
(2008);
15.Crime, Delinquency and Correction, Governor's Committee on, Law-Enforcement Training Subcommittee, Division of Criminal
Justice Services, West Virginia Department of Military Affairs and
Public Safety;
16.Dieticians, West Virginia Board of (2007-2008 Report and
2008-2009 Report);
17.Disability Retirement Experience, West Virginia State
Police, by West Virginia Consolidated Public Retirement Board for
Death, Disability and Retirement Fund (Plan A) and State Police
Retirement System (Plan B);
18.Economic Development Authority, West Virginia;
19.Energy, Division of, West Virginia Department of Commerce;
20.Health Enhancement and Lifestyle Planning (GOHELP),
Governor's Office of;
21.Health Insurance Plan, West Virginia (AccessWV), Office
of the Insurance Commissioner, West Virginia Department of Revenue
(2008);
22.Infrastructure and Jobs Development Council, West
Virginia;
23.Insurance Commissioner, Office of the, West Virginia
Department of Revenue;
24.Juvenile Services, Division of, West Virginia Department
of Military Affairs and Public Safety;
25.Labor, West Virginia Division of;
26.Licensed Practical Nurses, West Virginia State Board of Examiners for (Biennium Report 2007-2009);
27.Logging Sediment Control Act, Division of Forestry, West
Virginia Department of Commerce;
28.Long-Term Care, Office of Health Facility Licensure and
Certification, West Virginia Department of Health and Human
Resources;
29.Medical Imaging and Radiation Therapy Technology, West
Virginia Board of Examiners for;
30.Medicine, West Virginia Board of;
31.Mine Inspectors' Examining Board, Office of Miners'
Health, Safety and Training, West Virginia Department of Commerce;
32.Motor Vehicles, Division of, West Virginia Department of
Transportation;
33.Municipal Bond Commission, West Virginia;
34.Natural Resources, Division of, West Virginia Department
of Commerce;
35.Neighborhood Investment Program, West Virginia Development
Office;
36.Nursing Home Administrators Licensing Board, West
Virginia;
37.Oil and Gas Inspectors' Examining Board, West Virginia
Department of Environmental Protection;
38.Optometry, West Virginia Board of (2007-2009);
39.Parole Board, West Virginia Department of Military Affairs and Public Safety;
40.Personnel, Division of, West Virginia Department of
Administration;
41.Planning and Development Council, Region VII;
42.Professional Engineers, West Virginia State Board of
Registration for;
43.Psychologists, West Virginia Board of Examiners of;
44.Public Defender Services, West Virginia Department of
Administration;
45.Purchase of Commodities and Services from the Handicapped,
Governor's Committee for, West Virginia Department of
Administration;
46.Real Estate Commission, West Virginia;
47.Registered Professional Nurses, West Virginia Board of
Examiners for;
48.Rehabilitation Council, West Virginia State;
49.Research Trust Fund, West Virginia Higher Education Policy
Commission;
50.Risk and Insurance Management, West Virginia Board of;
51.Ron Yost Personal Assistance Services Board (RYPAS),
Statewide Independent Living Council, Division of Rehabilitation
Services, West Virginia Department of Education and the Arts;
52.Sanitarians, West Virginia Board of Registration for;
53.Senior Services, West Virginia Bureau of;
54.Social Work Examiners, West Virginia Board of;
55.State Police, West Virginia;
56.Tax Increment Financing Act, West Virginia Development
Office;
57.Veterans Affairs, West Virginia Division of;
58.Veterinary Medicine, West Virginia Board of;
59.Water and Waste Management's Groundwater Management
Program, Division of, West Virginia Department of Environmental
Protection (Biennial);
60.Water Development Authority, West Virginia;
61.Workers' Compensation Office of Judges, Time Standard
Compliance, Office of the Insurance Commissioner, West Virginia
Department of Revenue.
Very truly yours,
Joe Manchin III,
Governor.
The following communication from His Excellency, the Governor,
was next reported by the Clerk:
STATE OF WEST VIRGINIA
OFFICE OF THE GOVERNOR
CHARLESTON
March 8, 2010
Senate Executive Message No. 6
The Honorable Earl Ray Tomblin
President, West Virginia Senate
State Capitol
Charleston, West Virginia
Dear President Tomblin:
The following amends and replaces the "FY 2010 Revised Official
Estimate" "State Road Fund - Statement of Revenues by Source" which
I submitted to you on January 13, 2010, as part of my Executive
Budget Document for the fiscal years ending June 30, 2010, and June
30, 2011:
INSERT TABLES STARTING HERE
In compliance with Article VI, Section 51 of the Constitution,
the Senate consented to receive the foregoing amendments to the
Budget Bill, which were referred to the Committee on Finance.
The Senate again proceeded to the fourth order of business.
Senator Unger, from the Committee on Transportation and
Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had
under consideration
Senate Concurrent Resolution No. 34, Requesting DOH name bridge
in Wayne County "Perdue Brothers Memorial Bridge WWII Vets Walter,
Riley, James, Norman, Omer, Earl".
And reports back a committee substitute for same as follows:
Com. Sub. for Senate Concurrent Resolution No. 34 (originating
in the Committee on Transportation and Infrastructure)--
Requesting
the Division of Highways name bridge number 50-152-40.39, in Wayne
County, the "Perdue Brothers Memorial Bridge WWII Veterans Walter,
Riley, James, Norman, Omer, Earl".
Whereas, Walter Perdue, Riley Perdue, James Perdue, Norman
Perdue, Omer Perdue and Earl Perdue were brothers from Wayne County;
and
Whereas, All six Perdue brothers served in the U. S. Armed
Forces during the World War II; and
Whereas, Omer Perdue lost his life during the Battle of the
Bulge on December 23, 1944; and
Whereas, The other five brothers have since passed away; and
Whereas, It is fitting, to honor Walter Perdue, Riley Perdue,
James Perdue, Norman Perdue, Omer Perdue and Earl Perdue for their
service to their community, their state and their country by naming
bridge number 50-152-40.39, in Wayne County, the "Perdue Brothers
Memorial Bridge WWII Veterans Walter, Riley, James, Norman, Omer,
Earl"; therefore, be it
Resolved by the West Virginia Legislature:
That the Legislature hereby requests the Division of Highways
name bridge number 50-152-40.39, in Wayne County, the "Perdue
Brothers Memorial Bridge WWII Veterans Walter, Riley, James, Norman,
Omer, Earl"; and, be it
Further Resolved, That the Division of Highways is hereby
requested to have made and be placed signs identifying the bridge
as the "Perdue Brothers Memorial Bridge WWII Veterans Walter, Riley,
James, Norman, Omer, Earl"; and, be it
Further Resolved, That the Clerk of the House of Delegates
forward a certified copy of this resolution to the Secretary of the
Department of Transportation and to the Perdue brothers' last
surviving sibling, their sister Ruby Perdue Steffen.
With the recommendation that the committee substitute be
adopted.
Respectfully submitted,
John R. Unger II,
Chair.
Senator White, from the Committee on Agriculture, submitted the
following report, which was received:
Your Committee on Agriculture has had under consideration
Senate Concurrent Resolution No. 45, Requesting Joint Committee
on Government and Finance study economic impact of deer population
on agriculture.
And reports the same back with the recommendation that it be
adopted; but under the original double committee reference first be
referred to the Committee on Rules.
Respectfully submitted,
C. Randy White,
Chair.
The resolution, 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. House Bill No. 4036, Establishing the Judicial Vacancy
Advisory Commission.
And reports the same back with the recommendation that it do
pass; but under the original double committee reference first be
referred to the Committee on Finance.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (Eng. H. B. No. 4036) 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. 4130, Creating the West
Virginia Supreme Court of Appeals Public Campaign Financing Pilot
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,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 4130) 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, with amendments from the
Committee on the Judiciary 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. 4155, Permitting revenues
allocated to volunteer and part time fire departments to be used for
Workers' Compensation premiums and length of service awards.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Walt Helmick,
Chair.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Eng. Com. Sub. for House Bill No. 4167, Creating a special
revenue fund, known as the Department of Health and Human Resources
Safety and Treatment Fund.
And,
Eng. Com. Sub. for House Bill No. 4211, Providing supplemental funding for providing alternative programs for limited English
proficient students.
And reports the same back with the recommendation that they
each do pass.
Respectfully submitted,
Walt Helmick,
Chair.
Senator White, from the Committee on Agriculture, submitted the
following report, which was received:
Your Committee on Agriculture has had under consideration
Eng. Com. Sub. for House Bill No. 4201, Creating the Livestock
Care Standards Board.
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,
C. Randy White,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on Government Organization.
Senator Williams, from the Committee on Labor, submitted the
following report, which was received:
Your Committee on Labor has had under consideration
Eng. Com. Sub. for House Bill No. 4359, Requiring local labor for public construction projects.
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,
Bob Williams,
Vice 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 Labor.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Eng. House Bill No. 4416, Declaring certain claims against the
state and its agencies to be moral obligations of the state and
directing payments thereof.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Walt Helmick,
Chair.
Senator White, from the Committee on Agriculture, submitted the
following report, which was received:
Your Committee on Agriculture has had under consideration
Eng. Com. Sub. for House Bill No. 4527, Limiting the liability
of apiary owners and operators.
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,
C. Randy White,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on the Judiciary, with an amendment
from the Committee on Agriculture pending.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
House Concurrent Resolution No. 50, Requesting the Joint
Committee on Government and Finance study the burden of taxes and
fees imposed by the State of West Virginia upon the coal industry.
And reports the same back with the recommendation that it be
adopted; but under the original double committee reference first be
referred to the Committee on Rules.
Respectfully submitted,
Walt Helmick,
Chair.
The resolution, under the original double committee reference,
was then referred to the Committee on Rules.
The Senate proceeded to the thirteenth order of business.
At the request of Senator Fanning, unanimous consent being
granted, it was ordered that the Journal show had Senator Fanning
been present in the chamber in earlier proceedings today, he would
have voted "yea" on the passage of Engrossed Committee Substitute
for Senate Bill No. 631, Engrossed Committee Substitute for House
Bill No. 4374 and Engrossed Committee Substitute for House Bill No.
4407.
On motion of Senator Chafin, leaves of absence for the day were
granted Senators Caruth and Oliverio.
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Chafin, the Senate adjourned until
tomorrow, Tuesday, March 9, 2010, at 11 a.m.
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