Senate Journal

WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

EIGHTIETH LEGISLATURE

REGULAR SESSION, 2012

FORTY-NINTH DAY

____________

Charleston, W. Va., Tuesday, February 28, 2012

    The Senate met at 11 a.m.

(Senator Kessler, Mr. President, in the Chair.)

    Prayer was offered by the Reverend Frank Shomo, Elizabeth Memorial United Methodist Church, Charleston, West Virginia.

    John Marshall Fife and Drum Corps of Marshall University proceeded in the playing of “Hail, Columbia”, “The Star-Spangled Banner” and “The West Virginia Hills”.

    Pending the reading of the Journal of Monday, February 27, 2012,

    On motion of Senator Plymale, the Journal was approved and the further reading thereof dispensed with.

    At the request of Senator Unger, and by unanimous consent, the provisions of rule number fifty-four of the Rules of the Senate, relating to persons entitled to the privileges of the floor, were suspended in order to grant Letitia Neese Chafin, wife of the Honorable H. Truman Chafin, privileges of the floor for the day.

    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 adoption of

    Senate Concurrent Resolution No. 10, Requesting DOH name bridge in Breeden, Mingo County, "Jacob & Ellen Vance Memorial Bridge”

    A message from The Clerk of the House of Delegates announced the concurrence by that body in the adoption of

    Senate Concurrent Resolution No. 13, Requesting DOH name portion of Lincoln County Rt. 8 "Platoon Sergeant John C. Fitzwater Memorial Road.

    A message from The Clerk of the House of Delegates announced the concurrence by that body in the adoption of

    Senate Concurrent Resolution No. 14, Requesting DOH name bridge in Nicholas County "Lee Tucker Memorial Bridge”.

    A message from The Clerk of the House of Delegates announced the concurrence by that body in the adoption of

    Senate Concurrent Resolution No. 21, Requesting DOH name bridge in McDowell County "Adam Bailey Memorial Bridge”.

    A message from The Clerk of the House of Delegates announced the concurrence by that body in the adoption of

    Senate Concurrent Resolution No. 24, Requesting DOH name bridge in Mingo County "Reverend Arnold and Nell Mollette Memorial Bridge”.

    A message from The Clerk of the House of Delegates announced the concurrence by that body in the adoption of

    Com. Sub. for Senate Concurrent Resolution No. 25, Requesting DOH name portion of Rt. 62 in Mason County "1SG Robert Nicholas Barton II Memorial Highway”.

    A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of

    Eng. Com. Sub. for House Bill No. 2278--A Bill to amend and reenact §5A-8-20 of the Code of West Virginia, 1931, as amended, relating to the creation of preservation duplicates of state records and destruction of the original records; authorizing the use of additional medium for use in archiving the records; and authorizing county historical societies to obtain one copy of an archived state record without cost.

    Referred to the Committee on Government Organization.

    A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of

    Eng. Com. Sub. for House Bill No. 4236--A Bill to amend and reenact §18A-2-12 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new article, designated §18A-3C-1, §18A-3C-2 and §18A-3C-3, all relating to establishing a new system of performance evaluations of professional personnel, specifically classroom teachers, principals and assistant principals; exclusions from the definition of professional personnel for certain evaluation purposes; instituting specific percentages for the evaluation score based on student performance and peer evaluations; requiring the state board of education to adopt a legislative rule and report to the Legislative Oversight Commission on Education Accountability; requiring the state board of education to publish guidelines to assist the county boards of education to design and implement a comprehensive system of support for improving professional practice; and requiring county boards of education to implement a comprehensive system of support for improving professional practice or be ineligible for certain public funding.

    Referred to the Committee on Education.

    A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of

    Eng. House Bill No. 4322--A Bill to amend and reenact §20-2-5 of the Code of West Virginia, 1931, as amended, relating to hunting; adding coyote and fox to the list of species in which any color artificial light is permitted for hunting at night; removing redundant language relating to hunting while under the influence of alcohol; and referencing Class Y special crossbow hunting permits.

    Referred to the Committee on the Judiciary.

    A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of

    Eng. Com. Sub. for House Bill No. 4244--A Bill to amend and reenact §27-5-11 of the Code of West Virginia, 1931, as amended, relating to modified mental hygiene procedures; extending the termination date of the modified mental hygiene procedures pilot project; authorizing additional programs throughout the state; and continuing the pilot project through July 1, 2013.

    Referred to the Committee on the Judiciary.

    A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of

    Eng. Com. Sub. for House Bill No. 4486--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §55-7-27, relating to the disclosure of certain information regarding liability insurance coverage.

    Referred to the Committee on the Judiciary.

    A message from The Clerk of the House of Delegates announced the concurrence by that body in the Senate amendments, as amended by the House of Delegates, passage as amended, with its House of Delegates amended title, and requested the concurrence of the Senate in the House of Delegates amendment to the Senate amendment to the title, as to

    Eng. House Bill No. 4493 Establishing special memorial days for certain military veterans.

    On motion of Senator Unger, the message on the bill was taken up for immediate consideration.

    The following House of Delegates amendment to the Senate amendment to the title of the bill was reported by the Clerk:

    By striking out the title and substituting therefor a new title, to read as follows:

    Eng. House Bill No. 4493--A Bill to amend and reenact §2-2-1a of the Code of West Virginia, 1931, as amended, relating to establishing special memorial observances for military veterans; observing the week in which December 7 falls as a special memorial week to be known as Pearl Harbor and Military Appreciation Week; directing the State Department of Education to implement a program involving students which recognizes the contributions made by West Virginians in the United States military; declaring March 30 as a special memorial day to be known as Vietnam Veteran Recognition Day; declaring August 7 as a special memorial day to be known as Purple Heart Recognition Day; and declaring July 27 as a special memorial day to be known as Korean War Veteran Recognition Day.

    On motion of Senator Unger, the Senate concurred in the foregoing House of Delegates amendment to the Senate amendments to the title of the bill.

    Engrossed House Bill No. 4493, as amended, was then put upon its passage.

    On the passage of the bill, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Kirkendoll, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Mr. President)--34.

    The nays were: None.

    Absent: None.

    So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. H. B. No. 4493) passed with its House of Delegates amended title.

    Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.

    A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of

    Eng. House Bill No. 4583--A Bill to amend and reenact §18A-2-2, §18A-2-6, §18A-2-7 and §18A-2-8a of the Code of West Virginia, 1931, as amended; and to amend and reenact §18A-4-7a of said code, all relating to changing certain deadlines associated with the termination, resignation and transfer of school personnel and rehiring of probationary employees; and changing the last date for voluntary transfers prior to beginning of instructional term.

    At the request of Senator Unger, and by unanimous consent, reference of the bill to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.

    A message from The Clerk of the House of Delegates announced the adoption by that body and requested the concurrence of the Senate in the adoption of

    House Concurrent Resolution No. 79--Requesting that bridge number 44-33-6.65 on U.S. 33 in Roane County, West Virginia, be named the “Jack D. Miller Memorial Bridge”.

    Referred to the Committee on Transportation and Infrastructure.Executive Communications

    Senator Kessler (Mr. President) laid before the Senate the following communication from His Excellency, the Governor, consisting of executive nominations for appointees:

STATE OF WEST VIRGINIA

OFFICE OF THE GOVERNOR

CHARLESTON

February 28, 2012

Senate Executive Message No. 2

TO: The Honorable Members of the

    West Virginia Senate

Ladies and Gentlemen:

    I respectfully submit the following nominations for your advice and consent:

     1.  For Member, Council for Community and Technical College Education, John Walker, Chapmanville, Logan County, for the term ending December 20, 2012.

     2.  For Member, Unemployment Compensation Board of Review, The Honorable Jack Canfield, Charleston, Kanawha County, for the term ending January 1, 2017.

     3.  For Member, Council for Community and Technical College Education, William Baker, Daniels, Raleigh County, for the term ending December 20, 2012.

     4.  For Member, West Virginia School of Osteopathic Medicine Board of Governors, Dr. Manuel Ballas, Weirton, Brooke County, for the term ending June 30, 2013.

     5.  For Member, Bridgemont Community and Technical College Board of Governors, Sarah Smith, Charleston, Kanawha County, for the term ending June 30, 2012.

     6.  For Commissioner, Insurance Commission, Mike Riley, Charleston, Kanawha County, to serve at the will and pleasure of the Governor.

     7.  For Member, Fairmont State University Board of Governors, John Myers, Morgantown, Monongalia County, for the term ending June 30, 2015.

     8.  For Member, Fairmont State University Board of Governors, Dixie Yann, Fairmont, Marion County, for the term ending June 30, 2013.

     9.  For Member, College Prepaid Tuition and Savings Program Board of Trustees, Robert Galloway, Charleston, Kanawha County, for the term ending June 30, 2016.

    10. For Member, Solid Waste Management Board, Roger Bryant, Logan, Logan County, for the term ending June 30, 2013.

    11. For Commissioner, Bureau of Senior Services, Robert Roswall, Huntington, Cabell County, to serve at the will and pleasure of the Governor.

    12. For Member, West Virginia University Board of Governors, David Alvarez, Bridgeport, Harrison County, for the term ending June 30, 2014.

    13. For Member, Unemployment Compensation Board of Review, The Honorable Gino Colombo, Clarksburg, Harrison County, for the term ending January 1, 2017.

    14. For Member, Health Information Network, Dr. Kevin Halbritter, Morgantown, Monongalia County, to serve at the will and pleasure of the Governor.

    15. For Member, Regional Jail and Correctional Facility Authority, Gary Ellyson II, Gassaway, Braxton County, for the term ending June 30, 2012.

    16. For Member, Contractor Licensing Board, Jacob Meck, Green Bank, Pocahontas County, for the term ending June 30, 2015.

    17. For Member, Contractor Licensing Board, James Smith, Charleston, Kanawha County, for the term ending June 30, 2015.

    18. For Member, Ethics Commission, The Honorable Terry Walker, Kearneysville, Jefferson County, for the term ending June 30, 2014.

    19. For Member, Ethics Commission, Robert Wolfe, Man, Logan County, for the term ending June 30, 2013.

    20. For Chief Administrative Law Judge, Workers’ Compensation Office of Judges within the Office of the Insurance Commissioner, Rebecca Roush, Mason, Mason County, for the term ending December 1, 2015.

    21. For Member, National Coal Heritage Area Authority, Woody Duba, Beckley, Raleigh County, for the term ending June 30, 2014.

    22. For Member, National Coal Heritage Area Authority, John Payne, Bluefield, Mercer County, for the term ending June 30, 2012.

    23. For Member, Solid Waste Management Board, Steve Pilato, Fayetteville, Fayette County, for the term ending June 30, 2012.

    24. For Commissioner, Alcohol Beverage Control Administration, Ron Moats, Charleston, Kanawha County, to serve at the will and pleasure of the Governor.

    25. For Member, State Rail Authority, William Hartman, Franklin, Pendleton County, for the term ending June 30, 2015.

    26. For Member, National Coal Heritage Area Authority, Larry Lodato, Madison, Boone County, for the term ending June 30, 2012.

    Notice of these appointments was previously provided to the appropriate legislative staff at the time the appointments were made.

                             Sincerely,

                               Earl Ray Tomblin,

                                 Governor.

    Which communication was received and referred to the Committee on Confirmations.

    On motion of Senator Edgell, consideration of the nominations immediately hereinbefore reported was made a special order of business for Saturday, March 10, 2012, at 11 a.m.

    The Senate proceeded to the sixth order of business.

    Senators Snyder, Beach, Foster, Unger, Laird, Stollings and Kessler (Mr. President) offered the following resolution:

    Senate Concurrent Resolution No. 53--Requesting the Joint Committee on Government and Finance study the problem of too many driver’s license suspensions resulting from failure to pay court fines.

    Whereas, The Division of Motor Vehicles reports that there are 80,000 to 90,000 drivers’ license suspensions and revocations per year. Of these, 10,000 are driving under the influence related, 7,000 are related to lack of insurance and 2,000 are related to points against the license; and

    Whereas, The remainder are from failure to timely pay fines. This harms job prospects and remains in the driver's permanent record. It would appear that the Division of Motor Vehicles time and expertise would be better spent by not being a de facto collection agency for the court system; therefore, be it

    Resolved by the Legislature of West Virginia:

    That the Joint Committee on Government and Finance is hereby requested to study the problem of too many driver’s license suspensions resulting from failure to pay court fines; and, be it

    Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2013, 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.

    Senators Plymale, Jenkins, Foster, Tucker, Yost, Kessler (Mr. President), Prezioso, Chafin, Stollings, Klempa, Laird and Unger offered the following resolution:

    Senate Resolution No. 45--Designating Feb. 28, 2012, as “Marshall University Day”.

    Whereas, The year 2012 marks the 175th anniversary of Marshall University, the oldest institution of higher education in West Virginia, founded in 1837 as Marshall Academy in honor of Chief Justice John Marshall; and

    Whereas, Marshall University is one of the state’s premier institutions of higher education, and educates more than 14,000 students at campuses in Huntington, Point Pleasant, South Charleston, Beckley, Logan and Gilbert; and

    Whereas, Marshall University offers degrees at the associate, baccalaureate, master’s and doctoral levels; and

    Whereas, A university-record 2,003 new freshmen enrolled at Marshall University in fall 2011; and

    Whereas, At this time of unprecedented growth, Marshall University has begun construction on more than $100 million in new capital projects; and

    Whereas, Marshall University has built a national reputation for research in biotechnology, forensics and medicine; and

    Whereas, Ten new high-demand degree majors or programs have recently been launched or are under development; and

    Whereas, With every dollar the state invests in Marshall University, the University generates nearly $20 spent in the West Virginia economy, resulting in an estimated economic output of $1.5 billion per year; and

    Whereas, Marshall University is creating new, high-value job opportunities through the Marshall Institute for Interdisciplinary Research as part of West Virginia’s “Bucks for Brains” initiative; and

    Whereas, The Robert C. Byrd Institute for Advanced Flexible Manufacturing serves all 55 state counties providing expertise to manufacturers across West Virginia; and

    Whereas, The Nick J. Rahall, II Appalachian Transportation Institute of Marshall University is setting national standards in transportation; and

    Whereas, Marshall University’s Health Sciences train hundreds of West Virginians to serve as doctors, nurses, therapists and health technicians each year; and

    Whereas, Marshall University graduates number nearly 82,000 across the globe; therefore, be it

    Resolved by the Senate:

    That the Senate hereby designates February 28, 2012, as “Marshall University Day”; and, be it

    Further Resolved, That the Senate hereby recognizes Marshall University for its tremendous contributions to the State of West Virginia; and, be it

    Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to Stephen J. Kopp, President of Marshall University.

    At the request of Senator Plymale, unanimous consent being granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.

    On motion of Senator Unger, the Senate recessed for one minute.

    Upon expiration of the recess, the Senate reconvened and, at the request of Senator Unger, and by unanimous consent, returned to the fourth order of business.

    Senator Beach, 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. 54 (originating in the Committee on Transportation and Infrastructure)--Requesting the Joint Committee on Government and Finance to study the need for alternative revenue mechanisms for the development and maintenance of state roads and highways and identify the most promising road usage fee collection implementation options to evaluate in a pilot project or projects.

    Whereas, An efficient and effective transportation system is critical for West Virginia's economy and quality of life; and

    Whereas, Continued efficiency and effectiveness depend on a stable and reliable source of revenue to fund the system's maintenance, operation, preservation and improvements; and

    Whereas, The motor vehicle fuel tax has been a fundamental means of paying for state and federal roads, and, until recently, these taxes have been an adequate and stable source of revenue; and

    Whereas, Since 1980, with gradual gains in average vehicle fuel economy, vehicle miles traveled have doubled while fuel consumption itself has increased by just half, and long-range projections for fuel consumption and vehicle miles traveled from the Energy Information Administration (EIA) suggest that this trend will continue; and

    Whereas, Changing conditions in the fuel market since the year 2000 have driven changes in consumers' tastes in the vehicle market, with a shift toward vehicles with superior fuel economy and vehicles that rely on alternative fuels; and

    Whereas, Because the average individual vehicle miles traveled is expected to grow faster than fuel consumption in the coming decades, alternative funding mechanisms based on alternative funding sources, such as vehicle miles traveled, for roads and highways should provide a more stable source of revenue; and

    Whereas, According to EIA projections, federal fuel tax revenue, assuming current per-gallon rates, should increase by about ten percent between 2015 and 2030, growing from $36 billion to $39 billion (2009 dollars); and

    Whereas, If, instead, fuel taxes were replaced with an alternative funding source, such as fees based on vehicle miles traveled, in 2015 at an initially revenue-neutral rate, receipts should increase by thirty-three percent over the same period, growing from $36 billion to $47 billion; and

    Whereas, Other states and the federal government face the same difficulty of stagnating fuel tax revenues; a number of other states have embarked on pilot projects and other efforts over the last decade to evaluate potential new systems for the assessment and collection of taxes or fees for the use of a transportation system; and such efforts have shown that new systems to assess a fee based on usage of state and local roads are indeed technologically feasible today; and

    Whereas, West Virginia should examine the governance structure and groundwork needed to adopt an alternative source of revenue collection for road development and maintenance that will supplement the current system of motor vehicle fuel taxation, including the need for a study, conducted by the Commissioner of Highways, to guide the first stages of the transition, focusing on determining the feasibility and optimal methods of implementation for a road user assessment; and

    Whereas, Such study should include research and review of relevant reports, data, and efforts in other states and at the federal level with regard to models of assessment and methods of transitioning to an alternative system of paying for West Virginia roads and highways and analyze the research to identify issues for policy decisions in West Virginia; and

    Whereas, The result of such study should include recommendations on the design for a pilot project or projects; and

    Whereas, The study, in arriving at its recommendations, may need to determine and apply criteria for identifying the most promising road usage fee collection implementation options to evaluate in a pilot project, identify uncertainties that would need to be resolved in order to develop a technically feasible and cost-effective system of road use fee collection, and propose legislation that would enable the conduct of a pilot program or programs; and

    Whereas, In order to assist in making recommendations, the Department of Highways may need to participate in studies and limited pilot projects to test technical feasibility that can be accomplished within existing resources; therefore, be it

    Resolved by the Legislature of West Virginia:

    That the Joint Committee on Government and Finance is hereby requested to study the need for alternative revenue mechanisms for the development and maintenance of state roads and highways and identify the most promising road usage fee collection implementation options to evaluate in a pilot project or projects; and, be it

    Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2013, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it

    Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.

    And,

    Senate Concurrent Resolution No. 55 (originating in the Committee on Transportation and Infrastructure)--Requesting the Joint Committee on Government and Finance to study the need to modify the Public-Private Transportation Facilities Act.

    Whereas, In 2008, the West Virginia Legislature found and declared: (1) That there is a public need for timely acquisition or construction of and improvements to transportation facilities within the state that are compatible with state and local transportation plans; (2) that public need may not be wholly satisfied by existing ways in which transportation facilities are acquired, constructed or improved; (3) that authorizing private entities to acquire, construct or improve one or more transportation facilities may result in the availability of transportation facilities to the public in a more timely or less costly manner, thereby serving the public health, safety, convenience and welfare and the enhancement of the residential, agricultural, recreational, economic, commercial and industrial opportunities; (4) that providing a mechanism for the solicitation, receipt and consideration of proposals submitted by private entities for the purposes described in this section serves the public purpose of this article to the extent that the action facilitates the timely acquisition or construction of or improvement to a qualifying transportation facility or the continued operation of a qualifying transportation facility; and (5) that providing for the expansion and acceleration of transportation financing using innovative financing mechanisms, including, but not limited to, design-build contracting and financing arrangements, will add to the convenience of the public and allow public and private entities to have the greatest possible flexibility in contracting with each other for the provision of the public services which are the subject of the Public-Private Transportation Facilities Act; and

    Whereas, The West Virginia Legislature enacted the Public-Private Transportation Facilities Act in 2008; and

    Whereas, The Public-Private Transportation Facilities Act currently provides that the Division of Highways may not enter into any comprehensive agreements with a developer after June 30, 2013; and

    Whereas, It should be studied and examined whether it would be in the best interest of West Virginia if the Division of Highways could enter into comprehensive agreements with a developer after June 30, 2013; and

    Whereas, The Public-Private Transportation Facilities Act currently provides that the Division of Highways may not enter into a comprehensive agreement until the comprehensive agreement has been approved by the Legislature by the adoption of a concurrent resolution and, if approved by the Legislature, has also been approved by the Governor; and

    Whereas, It should be studied and examined whether it would be in the best interest of West Virginia if such required approval of comprehensive agreements by the Legislature and the Governor as mandated by the Public-Private Transportation Facilities Act be stricken and instead replaced with a more expedited approval process, such as through approval by the Secretary of the Department of Transportation; therefore, be it

    Resolved by the Legislature of West Virginia:

    That the Joint Committee on Government and Finance is hereby requested to study the need to modify the Public-Private Transportation Facilities Act; and, be it

    Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2013, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it

    Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.

    And reports the same back with the recommendation that they each be adopted; but with the further recommendation that they first be referred to the Committee on Rules.

                             Respectfully submitted,

                               Robert D. Beach,

                                 Chair.

    On motion of Senator Beach, the resolutions (S. C. R. Nos. 54 and 55) contained in the foregoing report from the Committee on Transportation and Infrastructure were referred to the Committee on Rules.

    Senator Unger 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 calendar on third reading, Engrossed Committee Substitute for Committee Substitute for Senate Bill No. 110.

    The Senate proceeded to the seventh order of business.

    Senate Concurrent Resolution No. 33, Requesting Joint Committee on Government and Finance study public school health, nutrition and wellness programs.

    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 Joint Committee on Government and Finance study municipal property tax distribution.

    On unfinished business, coming up in regular order, was reported by the Clerk.

    The following amendment to the resolution, from the Committee on Finance, was reported by the Clerk and adopted:

    On page two, in the first Further Resolved clause, line one, by striking out “2012” and inserting in lieu thereof “2013”.

    The question being on the adoption of the resolution (S. C. R. No. 35), as amended, 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.

    Com. Sub. for Senate Concurrent Resolution No. 38, Requesting Committee on Interstate Cooperation study revising Uniform Common Interest Ownership Act.

    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.

    The Senate proceeded to the eighth order of business.

    Eng. Com. Sub. for Senate Joint Resolution No. 9, Proposing constitutional amendment designated Boy Scouts and Other Nonprofit Youth Organization Tax Exemption Support Amendment.

    On third reading, coming up in regular order, was read a third time and put upon its adoption.

    On the adoption of the resolution, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Kirkendoll, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Mr. President)--34.

    The nays were: None.

    Absent: None.

    So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the resolution (Eng. Com. Sub. for S. J. R. No. 9) adopted with its title, as follows:

    Eng. Com. Sub. for Senate Joint Resolution No. 9--Proposing an amendment to the Constitution of the State of West Virginia, amending article X thereof by adding thereto a new section, designated section twelve, relating to exempting certain nonprofit youth organizations, including the Boy Scouts of America and its affiliates, from taxation on property owned by the organization which is leased or used to support the organization; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment.

Resolved by the Legislature of West Virginia, two thirds of the members elected to each house agreeing thereto:

    That the question of ratification or rejection of an amendment to the Constitution of the State of West Virginia be submitted to the voters of the state at the next general election to be held in the year 2012, which proposed amendment is that article X thereof be amended by adding thereto a new section, designated section twelve, to read as follows:

ARTICLE X. TAXATION AND FINANCE.

§12. Nonprofit youth organization revenue exemption.

    Notwithstanding any other provision of this Constitution to the contrary, any property owned by a nonprofit organization with youth services as its primary purpose that has been chartered by the United States Congress to promote self reliance and service to others, including the Boy Scouts of America and its affiliates, subsidiaries or divisions that owns an area of at least six thousand contiguous acres within West Virginia in which it provides educational, literary, scientific, charitable and recreational activities for young people and others, and which property is leased or offered for use on a temporary basis to generate revenue for the nonprofit organization, shall be exempt from ad valorem property taxation, subject to such requirements, limitations and conditions as may be prescribed by general law.

________

    Resolved further, That in accordance with the provisions of article eleven, chapter three of the Code of West Virginia, 1931, as amended, such proposed amendment is hereby numbered “Amendment No. 1” and designated as the “Boy Scouts And Other Nonprofit Youth Organization Tax Exemption Support Amendment” and the purpose of the proposed amendment is summarized as follows: “To amend the State Constitution to exempt certain nonprofit youth organizations, including the Boy Scouts of America and its affiliates, subsidiaries or divisions, from taxation on property owned by the organization which is leased or offered for use on a temporary basis to support the organization."

    Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.

    Eng. Com. Sub. for Senate Bill No. 4, Declaring child's right to nurse.

    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, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Kirkendoll, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Mr. President)--34.

    The nays were: None.

    Absent: None.

    So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 4) passed with its title.

    Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.

    Eng. Com. Sub. for Com. Sub. for Senate Bill No. 36, Relating to disclosure requirements for certain public construction contracts.

    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, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Kirkendoll, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Mr. President)--34.

    The nays were: None.

    Absent: None.

    So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for Com. Sub. for S. B. No. 36) passed with its title.

    Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.

    Eng. Com. Sub. for Com. Sub. for Senate Bill No. 60, Creating felony for driving under influence and causing serious bodily injury.

    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, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Kirkendoll, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Mr. President)--34.

    The nays were: None.

    Absent: None.

    So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for Com. Sub. for S. B. No. 60) passed with its title.

    Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.

    Eng. Com. Sub. for Senate Bill No. 109, Permitting unlicensed personnel to administer medications or assist in certain circumstances.

    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, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Kirkendoll, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Mr. President)--34.

    The nays were: None.

    Absent: None.

    So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 109) passed with its title.

    Senator Unger moved that the bill take effect from passage.

    On this question, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Kirkendoll, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Mr. President)--34.

    The nays were: None.

    Absent: None.

    So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 109) takes effect from passage.

    Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.

    Eng. Com. Sub. for Com. Sub. for Senate Bill No. 110, Relating to Broadband Deployment Council.

    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, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Kirkendoll, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Mr. President)--34.

    The nays were: None.

    Absent: None.

    So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for Com. Sub. for S. B. No. 110) passed with its title.

    Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.

    Eng. Senate Bill No. 139, Making failure to wear safety belts primary offense.

    On third reading, coming up in regular order, was read a third time and put upon its passage.

    On the passage of the bill, the yeas were: Beach, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Kirkendoll, Klempa, Laird, McCabe, Miller, Minard, Palumbo, Plymale, Prezioso, Snyder, Stollings, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Mr. President)--30.

    The nays were: Barnes, Boley, Nohe and Sypolt--4.

    Absent: None.

    So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 139) passed with its title.

    Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.

    Eng. Com. Sub. for Com. Sub. for Senate Bill No. 340, Relating to interscholastic athletics concussions and head injuries.

    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, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Kirkendoll, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Mr. President)--34.

    The nays were: None.

    Absent: None.

    So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for Com. Sub. for S. B. No. 340) passed with its title.

    Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.

    Eng. Com. Sub. for Senate Bill No. 354, Authorizing county commissions appoint temporary successors to certain county officer vacancies.

    On third reading, coming up in regular order, was reported by the Clerk.

    At the request of Senator Wills, unanimous consent was granted to offer amendments to the bill on third reading.

    Thereupon, on motion of Senator Wills, the following amendments to the bill were reported by the Clerk, considered simultaneously, and adopted:

    On page three, section seven, line forty, after the word “vacancy” by inserting the words “and that only one temporary appointment may be made”;

    And,

    On page four, section eight, line nineteen, after the word “vacancy” by inserting the words “and that only one temporary appointment may be made”.

    The bill, as just amended, was again ordered to engrossment.

    Engrossed Committee Substitute for Senate Bill No. 354 was then read a third time and put upon its passage.

    On the passage of the bill, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Kirkendoll, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Mr. President)--34.

    The nays were: None.

    Absent: None.

    So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 354) passed.

    On motion of Senator Wills, the following amendment to the title of the bill was reported by the Clerk and adopted:

    Eng. Com. Sub. for Senate Bill No. 354--A Bill to amend and reenact §3-10-7 and §3-10-8 of the Code of West Virginia, 1931, as amended, all relating to providing for vacancies in the offices of county commissioner, clerk of the county commission, prosecuting attorney, sheriff, assessor and surveyor; authorizing the appointment of a temporary successor for no more than thirty days from the date of the vacancy; and providing that only one temporary appointment may be made.

    Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.

    Eng. Senate Bill No. 365, Increasing membership of PEIA Finance Board.

    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, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Kirkendoll, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Mr. President)--34.

    The nays were: None.

    Absent: None.

    So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 365) passed.

    The following amendment to the title of the bill, from the Committee on Government Organization, was reported by the Clerk and adopted:

    Eng. Senate Bill No. 365--A Bill to amend and reenact §5-16-4 of the Code of West Virginia, 1931, as amended, relating to the Public Employees Insurance Agency Finance Board; increasing the membership of the board; and changing the composition of the board.

    Senator Unger moved that the bill take effect July 1, 2012.

    On this question, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Kirkendoll, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Mr. President)--34.

    The nays were: None.

    Absent: None.

    So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 365) takes effect July 1, 2012.

    Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.

    Eng. Com. Sub. for Senate Bill No. 387, Requiring training of floodplain managers.

    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, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Kirkendoll, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Wills, Yost and Kessler (Mr. President)--33.

    The nays were: Williams--1.

    Absent: None.

    So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 387) passed with its title.

    Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.

    Eng. Com. Sub. for Senate Bill No. 399, Renaming Board of Insurance Agent Education to Board of Insurance Producer Education; other provisions.

    On third reading, coming up in regular order, was read a third time and put upon its passage.

    On the passage of the bill, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Kirkendoll, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Mr. President)--34.

    The nays were: None.

    Absent: None.

    So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 399) passed with its title.

    Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.

    Eng. Com. Sub. for Com. Sub. for Senate Bill No. 412, Increasing PSC civil penalties for Gas Pipeline Safety Act violations.

    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, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Kirkendoll, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Mr. President)--34.

    The nays were: None.

    Absent: None.

    So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for Com. Sub. for S. B. No. 412) passed with its title.

    Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.

    Eng. Senate Bill No. 417, Establishing right to disposition of deceased's remains.

    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, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Kirkendoll, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Mr. President)--34.

    The nays were: None.

    Absent: None.

    So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 417) passed.

    On motion of Senator Palumbo, the following amendment to the title of the bill was reported by the Clerk and adopted:

    Eng. Senate Bill No. 417--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §30-6-22a, relating to establishing the right to control the disposition of the remains of a deceased person; determining who has that right; and setting forth how that right may be forfeited.

    Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.

    Eng. Com. Sub. for Senate Bill No. 421, Creating Captive Cervid Farming 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: Beach, Boley, Chafin, Edgell, D. Facemire, K. Facemyer, Foster, Green, Hall, Helmick, Jenkins, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Snyder, Sypolt, Tucker, Unger, Wells, Williams, Wills and Kessler (Mr. President)--26.

    The nays were: Barnes, Browning, Fanning, Kirkendoll, Klempa, Prezioso, Stollings and Yost--8.

    Absent: None.

    So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 421) passed with its title.

    Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.

    Eng. Com. Sub. for Senate Bill No. 435, Relating to nursing home residents' personal funds conveyance upon death.

    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, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Kirkendoll, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Mr. President)--34.

    The nays were: None.

    Absent: None.

    So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 435) passed with its title.

    Senator Unger moved that the bill take effect from passage.

    On this question, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Kirkendoll, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Mr. President)--34.

    The nays were: None.

    Absent: None.

    So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 435) takes effect from passage.

    Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.

    Eng. Com. Sub. for Com. Sub. for Senate Bill No. 479, Creating Spay Neuter Program and Fund.

    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, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, Fanning, Foster, Green, Hall, Helmick, Jenkins, Kirkendoll, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Mr. President)--33.

    The nays were: K. Facemyer--1.

    Absent: None.

    So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for Com. Sub. for S. B. No. 479) passed with its title.

    Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.

    Eng. Com. Sub. for Senate Bill No. 498, Relating to records of abuse, neglect or exploitation of vulnerable adults.

    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, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Kirkendoll, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Mr. President)--34.

    The nays were: None.

    Absent: None.

    So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 498) passed with its title.

    Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.

    Eng. Com. Sub. for Senate Bill No. 512, Updating statute relating to DMV Office of Administrative Hearing's procedures.

    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, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Kirkendoll, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Mr. President)--34.

    The nays were: None.

    Absent: None.

    So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 512) passed with its title.

    Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.

    Eng. Com. Sub. for Senate Bill No. 519, Relating generally to suspension or revocation of driver's licenses.

    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, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Kirkendoll, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Mr. President)--34.

    The nays were: None.

    Absent: None.

    So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 519) passed with its title.

    Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.

    Eng. Com. Sub. for Senate Bill No. 528, Relating to scrap metal dealers and scrap metal.

    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, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Kirkendoll, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Mr. President)--34.

    The nays were: None.

    Absent: None.

    So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 528) passed with its title.

    Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.

    Eng. Com. Sub. for Senate Bill No. 535, Expanding certain prescriptive authority for chronic diseases.

    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, Beach, Boley, Browning, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Mr. President)--31.

    The nays were: Chafin, Kirkendoll and Laird--3.

    Absent: None.

    So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 535) passed with its title.

    Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.

    Eng. Com. Sub. for Senate Bill No. 576, Changing school personnel termination, resignation, retirement, transfer and rehiring deadlines.

    On third reading, coming up in regular order, was reported by the Clerk.

    At the request of Senator Unger, unanimous consent being granted, the bill was laid over one day, retaining its place on the calendar.

    Eng. Com. Sub. for Senate Bill No. 588, Relating to Wholesale Drug Distribution Licensing Act of 1991.

    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, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Kirkendoll, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Mr. President)--34.

    The nays were: None.

    Absent: None.

    So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 588) passed with its title.

    Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.

    Eng. Com. Sub. for Senate Bill No. 597, Requiring installation of carbon monoxide detectors in certain facilities.

    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, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Kirkendoll, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Mr. President)--34.

    The nays were: None.

    Absent: None.

    So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 597) passed with its title.

    Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.

    Eng. Com. Sub. for Senate Bill No. 621, Requiring DOH concurrence that major subdivisions or land developments provide sufficient access.

    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, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Kirkendoll, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Mr. President)--34.

    The nays were: None.

    Absent: None.

    So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 621) passed with its title.

    Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.

    Eng. Com. Sub. for Senate Bill No. 623, Authorizing PSC promulgate rules establishing capacity improvement fee requirements.

    On third reading, coming up in regular order, was read a third time and put upon its passage.

    On the passage of the bill, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Kirkendoll, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Mr. President)--34.

    The nays were: None.

    Absent: None.

    So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 623) passed with its title.

    Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.

    Eng. Senate Bill No. 655, Allowing licensure of certain veterinarians by endorsement.

    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: Beach, Boley, Browning, Chafin, Edgell, D. Facemire, Fanning, Foster, Green, Helmick, Jenkins, Kirkendoll, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Mr. President)--30.

    The nays were: Barnes, K. Facemyer, Hall and Sypolt--4.

    Absent: None.

    So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 655) passed with its title.

    Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.

    Eng. Com. Sub. for Senate Bill No. 661, Relating to data sharing among state education providers.

    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, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Kirkendoll, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Mr. President)--34.

    The nays were: None.

    Absent: None.

    So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 661) passed with its title.

    Senator Unger moved that the bill take effect from passage.

    On this question, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Kirkendoll, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Mr. President)--34.

    The nays were: None.

    Absent: None.

    So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 661) takes effect from passage.

    Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.

    Eng. Com. Sub. for House Bill No. 4122, Relating to alternative programs for teacher education.

    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, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Kirkendoll, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Mr. President)--34.

    The nays were: None.

    Absent: None.

    So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 4122) passed.

    The following amendment to the title of the bill, from the Committee on Education, was reported by the Clerk and adopted:

    Eng. Com. Sub. for House Bill No. 4122--A Bill to amend and reenact §18A-3-1a and §18A-3-1b of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §18A-3-12, all relating to alternative programs for teacher education; providing definitions; including entity affiliated with approved teacher education programs to be a partner in offering programs; defining approved education provider; modifying definition of area of critical need and shortage; generally reorganizing section, updating terms and eliminating duplicative language; modifying alternative program teacher certificate requirements; eliminating requirement to post position of alternative program teacher each year prior to rehiring; authorizing alternative methods of instructional delivery and candidate supervision and modifying existing methods; modifying professional support team provisions; modifying reporting and recommendation requirements; requiring certain legislative rules; and requiring teacher education programs to cooperate with the state board to ensure that certain assistance is provided to help students pursuing a teaching degree and certified teachers attain the required hours to earn a Technology Integration Specialist Advanced Credential.

    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. 4206, Authorizing the Department of Transportation to promulgate legislative rules.

    On third reading, coming up in regular order, was read a third time and put upon its passage.

    On the passage of the bill, the yeas were: Beach, Boley, Browning, Chafin, D. Facemire, K. Facemyer, Fanning, Foster, Green, Helmick, Jenkins, Kirkendoll, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Mr. President)--31.

    The nays were: Barnes, Edgell and Hall--3.

    Absent: None.

    So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 4206) passed.

    The following amendment to the title of the bill, from the Committee on the Judiciary, was reported by the Clerk and adopted:

    Eng. Com. Sub. for House Bill No. 4206--A Bill to amend and reenact article 8, chapter 64 of the Code of West Virginia, 1931, as amended, relating generally to the promulgation of administrative rules by the Department of Transportation; legislative mandate or authorization for the promulgation of certain legislative rules by various executive or administrative agencies of the state; authorizing certain of the agencies to promulgate certain legislative rules in the form that the rules were filed in the State Register; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the Legislative Rule-Making Review Committee; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the Legislative Rule-Making Review Committee and as amended by the Legislature; authorizing the Commissioner of Highways to promulgate a legislative rule relating to the construction and reconstruction of state roads(157 CSR 3);authorizing the Commissioner of Highways to promulgate a legislative rule relating to the transportation of hazardous wastes upon the roads and highways (157 CSR 7); and authorizing the Division of Motor Vehicles to promulgate a legislative rule relating to compulsory motor vehicle liability insurance (91 CSR 13).

    Senator Unger moved that the bill take effect from passage.

    On this question, the yeas were: Beach, Boley, Browning, Chafin, D. Facemire, K. Facemyer, Fanning, Foster, Green, Helmick, Jenkins, Kirkendoll, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Mr. President)--31.

    The nays were: Barnes, Edgell and Hall--3.

    Absent: None.

    So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 4206) takes effect from passage.

    Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.

    The Senate proceeded to the ninth order of business.

    Com. Sub. for Senate Bill No. 51, Denying certain spousal support upon DNA evidence of adultery.

    On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

    Com. Sub. for Senate Bill No. 135, Considering military training, experience and education toward professional or occupational licensure qualifications.

    On second reading, coming up in regular order, was reported by the Clerk.

    At the request of Senator Unger, unanimous consent being granted, the bill was laid over one day, retaining its place on the calendar.

    Com. Sub. for Senate Bill No. 149, Relating to disposition of forfeited or abandoned firearms in state custody.

    On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

    Com. Sub. for Senate Bill No. 153, Increasing tax credits for apprenticeship training in construction trades.

    On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

    Senate Bill No. 337, Relating to powers and duties of Commissioner of Banking.

    On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

    Com. Sub. for Senate Bill No. 342, Relating generally to criminal justice system.

    On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

    Com. Sub. for Senate Bill No. 362, Authorizing bond issuance for Cacapon Resort State Park and Beech Fork State Park capital improvements.

    On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

    Senate Bill No. 424, Exempting certain barbers from continuing education requirement.

    On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

    Finance Com. Sub. for Senate Bill No. 437, Relating generally to substance abuse.

    On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

    Com. Sub. for Senate Bill No. 487, Creating Coalbed Methane Gas Distribution Fund.

    On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

    Senate Bill No. 490, Criminalizing trademark counterfeiting.

    On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

    Com. Sub. for Senate Bill No. 517, Including community beautification and reclamation programs in authorized community corrections programs.

    On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

    Com. Sub. for Com. Sub. for Senate Bill No. 552, Creating WV Land Stewardship Corporation Act.

    On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

    Com. Sub. for Senate Bill No. 562, Establishing DEP procedure for biologic component compliance of narrative water quality standard.

    On second reading, coming up in regular order, was read a second time.

    On motion of Senator Klempa, the following amendment to the bill was reported by the Clerk and adopted:

    On page seven, section seven-b, after line one hundred ten, by adding a new subsection, designated subsection (g), to read as follows:

    (g) The one-half mile zone requirement contained in §7.2.a.2, series two, title forty-seven of the West Virginia Code of State Rules, is not applicable to any stream segment upstream from the intake of a public water supply (Water Use Category A) if the affected water intake owner waives the benefit of the rule in a writing provided to the department. To remain effective, the waiver must be renewed by the downstream water intake owner for each permit renewal of an affected upstream discharger. Any waiver under this subsection may be revoked by the owner of an affected intake upon the provision of written notice to the department. Upon receipt of the notice of revocation, the department shall modify any upstream permit to impose requirements in accordance with the one-half mile zone requirement.

    The bill (Com. Sub. for S. B. No. 562), as amended, was then ordered to engrossment and third reading.

    Com. Sub. for Senate Bill No. 599, Relating to insurance claims for automobile glass replacement or repair services.

    On second reading, coming up in regular order, was read a second time.

    At the request of Senator Unger, and by unanimous consent, the bill was advanced to third reading with the right for amendments to be considered on that reading.

    Senate Bill No. 605, Limiting landowners' liability for military, law-enforcement or homeland defense training purposes.    On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

    Com. Sub. for Senate Bill No. 608, Authorizing use of search warrant to draw blood from DUI suspect.

    On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

    Com. Sub. for Senate Bill No. 611, Developing special community-based pilot demonstration project to improve at-risk youth outcomes.

    On second reading, coming up in regular order, was read a second time.

    On motion of Senator Barnes, the following amendment to the bill was reported by the Clerk and adopted:

    On page three, section two, line one, after “2012,” by inserting the words “and if funds are available,”.

    The bill (Com. Sub. for S. B. No. 611), as amended, was then ordered to engrossment and third reading.

    Com. Sub. for Senate Bill No. 615, Conforming WV Water Pollution Control Act with federal Clean Water Act.

    On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

    Com. Sub. for Senate Bill No. 618, Relating to municipal and magistrate courts' notification to DMV of violator's failure to pay or appear.

    On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

    Senate Bill No. 619, Relating to annual business fees and reports due Secretary of State.

    On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

    Com. Sub. for Com. Sub. for Senate Bill No. 624, Relating generally to use of alternative-fuel motor vehicles.

    On second reading, coming up in regular order, was read a second time.

    At the request of Senator Unger, and by unanimous consent, the bill was advanced to third reading with the right for amendments to be considered on that reading.

    Com. Sub. for Senate Bill No. 628, Allowing fund-raising for state executive party headquarters.

    On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

    Com. Sub. for Senate Bill No. 634, Authorizing certain municipalities impose limited special public safety assessment fee.    On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

    Senate Bill No. 637, Relating to maintenance of voter registration lists and records.

    On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

    Com. Sub. for Senate Bill No. 643, Revising administrative forfeiture procedures for certain property involved in controlled substances trafficking.

    On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

    Com. Sub. for Senate Bill No. 647, Providing Boards of Medicine, Dental Examiners and Osteopathy initiate disciplinary proceedings related to controlled substance monitoring program data.

    On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

    Com. Sub. for Senate Bill No. 649, Relating to nonintoxicating beer distributor licensees.

    On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

    Com. Sub. for Senate Bill No. 659, Requiring criminal background checks for certain persons conducting state business.

    On second reading, coming up in regular order, was read a second time.

    On motion of Senator Palumbo, the following amendment to the bill was reported by the Clerk and adopted:

    On page six, section three, lines eighty-three through ninety-nine, by striking out all of subsection (e) and inserting in lieu thereof a new subsection, designated subsection (e), to read as follows:

    (e) Require any service provider whose employees are regularly employed on the grounds or in the buildings of the Capitol complex or who have access to sensitive or critical information submit to a fingerprint-based state and federal background inquiry through the state repository.

    (1) After the contract for such services has been approved, but before any such employees are permitted to be on the grounds or in the buildings of the Capitol complex or have access to sensitive or critical information, the service provider shall submit a list of all persons who will be physically present and working at the Capitol complex for purposes of verifying compliance with this section.

    (2) All current service providers shall, within ninety days of the amendment and reenactment of this section by the eightieth Legislature, ensure that all of its employees who are providing services on the grounds or in the buildings of the Capitol complex or who have access to sensitive or critical information submit to a fingerprint-based state and federal background inquiry through the state repository.

    (3) Any contract entered into, amended or renewed by an agency or entity of state government with a service provider shall contain a provision reserving the right to prohibit specific employees thereof from accessing sensitive or critical information or to be present at the Capitol complex based upon results addressed from a criminal background check.

    (4) For purposes of this section, the term “service provider” means any person or company that provides employees to a state agency or entity of state government to work on the grounds or in the buildings that makeup the Capitol complex or who have access to sensitive or critical information.

    (5) In accordance with the provisions of Public Law 92-544 the criminal background check information will be released to the Director of the Division of Protective Services.

    The bill (Com. Sub. for S. B. No. 659), as amended, was then ordered to engrossment and third reading.

    Senate Bill No. 671, Imposing consumers sales tax on utility terrain vehicles; exemption.

    On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

    Senate Bill No. 675, Creating transfer on death deed.

    On second reading, coming up in regular order, was read a second time.

    At the request of Senator Tucker, and by unanimous consent, the bill was advanced to third reading with the right for amendments to be considered on that reading.

    Senate Bill No. 676, Extending grant funding application date for Chesapeake Bay watershed compliance projects.

    On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

    The Senate proceeded to the tenth order of business.

    Eng. Com. Sub. for House Bill No. 4037, Relating to the professional and occupational licensure and registration of former and current members of the Armed Forces of the United States.

    On first reading, coming up in regular order, was read a first time and ordered to second reading.

    The Senate proceeded to the eleventh order of business and the introduction of guests.

    The Senate then proceeded to the thirteenth order of business.

    Senator Helmick called attention to today being the birthday of Hoppy Kercheval, Vice President of Operations of MetroNews, and on behalf of the Senate extended felicitations and good wishes to Hoppy Kercheval.

    Senator Hall called attention to today being the birthday of Donnie Adkins, Minority Legal Counsel, and on behalf of the Senate extended felicitations and good wishes to Donnie Adkins.

    At the request of Senator Kessler (Mr. President), the name of Senator Kessler (Mr. President) was removed as a sponsor of Committee Substitute for Committee Substitute for Senate Bill No. 446 (Relating to harassment, intimidation or bullying of public school students).

    Pending announcement of meetings of standing committees of the Senate,

    On motion of Senator Unger, the Senate adjourned until tomorrow, Wednesday, February 29, 2012, at 11 a.m.

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