sdj-45th day
WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
EIGHTIETH LEGISLATURE
REGULAR SESSION, 2011
FORTY-FIFTH DAY
____________
Charleston, W. Va., Friday, February 25, 2011
The Senate met at 11 a.m.
(Senator Kessler, Acting President, in the Chair.)
Prayer was offered by Dr. D. W. Cummings, Senior Pastor,
Bethlehem Apostolic Temple, Wheeling, West Virginia.
Pending the reading of the Journal of Thursday, February 24,
2011,
On motion of Senator Unger, the Journal was approved and the
further reading thereof dispensed with.
At the request of Senator Unger, and by unanimous consent, the
Senate proceeded to the sixth order of business.
Senators Fanning, Edgell, Yost, Stollings and Klempa offered
the following resolution:
Senate Concurrent Resolution No. 48--Requesting the Joint
Committee on Government and Finance study the need for legislation
to clarify the law relating to the right of disposition of a
deceased person's remains.
Whereas, There is a need in this state to provide for a more clearly delineated right of disposition to reduce potential
conflicts as to who has the right to make decisions regarding the
disposition of the remains of a deceased person; and
Whereas, In this state too many conflicts arise between loved
ones of the deceased or other persons with legal status as to the
deceased over such important and emotionally charged decisions as
the location, manner and conditions of disposition of the
deceased's remains, and other arrangements for funeral goods and
services; and
Whereas, The National Funeral Directors Association has
proposed a model "Right of Disposition Law" to better address the
problems which arise relating to the right of disposition of a
deceased person's remains; and
Whereas, This model "Right of Disposition Law" would serve as
a good basis for developing and implementing legislation to address
this issue; 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 legislation to clarify the law
relating to the right of disposition of a deceased person's
remains; and, be it
Further Resolved, That the Joint Committee on Government and
Finance report to the Legislature on the first day of the regular
session, 2012, on its findings, conclusions and recommendations together with drafts of any legislation 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 Jenkins, Plymale, Foster, Kessler (Acting President),
Yost, Stollings, Klempa and Unger offered the following resolution:
Senate Resolution No. 41--Recognizing Rhonda Smalley and the
Cabell Midland High School Band for their exceptional
accomplishments, dedication and for proudly representing its
school, county and state.
Whereas, Rhonda Smalley has directed the Cabell Midland High
School Band since its inception in 1994, and it is under her
leadership as a music teacher in Cabell County for the past 40
years, that scores of students have discovered the pleasure of
musical performances; and
Whereas, The Cabell Midland High School Band program has
provided exceptional musical performances since its inception; and
Whereas, The Cabell Midland High School Band has won 62
Marching Band Grand Championships and 6 Marshall University Tri-
State Marching Band Championships; and
Whereas, The Cabell Midland High School Band has earned superior ratings for 16 straight years; and
Whereas, The Cabell Midland High School Band has twice been
named the Marshall University Jazz Festival Honor Band and won a
national first place award at the All-American Festival in Orlando,
Florida; and
Whereas, The Cabell Midland High School Band has excelled in-
state as the featured band for four years at the Joyful Night
program at the State Capitol and is an 8-time winner of the West
Virginia Black Walnut Festival Honor Band award; and
Whereas, The Cabell Midland High School Band has excelled
across the country, performing twice for the President of the
United States and receiving national honors at the Peach Bowl,
Gator Bowl, Outback Bowl, Orange Bowl, Disney World, All-American
Music Festival and Indianapolis 500 Parade; and
Whereas, The Cabell Midland High School Band has excelled
internationally at the Toronto Music Festival in Canada and has
also performed in the Bahamas, Mexico and Belize; and
Whereas, Under the direction of Rhonda Smalley, the Cabell
Midland High School Band, is a shining example of what can be
accomplished through dedication, commitment and teamwork;
therefore, be it
Resolved by the Senate:
That the Senate hereby recognizes Rhonda Smalley and the
Cabell Midland High School Band for their exceptional accomplishments, dedication and for proudly representing its
school, county and state; and, be it
Further Resolved, That the Senate congratulates each member of
the Cabell Midland High School Band for their accomplishments and
wishes them each a bright future ahead; and, be it
Further Resolved, That the Senate extends its well wishes to
Rhonda Smalley on the occasion of her upcoming retirement and
thanks her for her dedicated public service; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to the Cabell Midland High School Band
and to Rhonda Smalley.
At the request of Senator Jenkins, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.
On motion of Senator Unger, the Senate recessed for one
minute.
Upon expiration of the recess, the Senate reconvened and
proceeded to the eighth order of business.
Eng. Senate Joint Resolution No. 9, Proposing amendment to
Constitution designated The Silenced Majority Local Levy and Bond
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,
Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe,
Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and
Kessler (Acting President)--32.
The nays were: None.
Absent: Fanning and Tomblin (Mr. President)--2.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the Acting President declared the
resolution (Eng. S. J. R. No. 9) adopted as follow:
Eng. 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 simple majority rule on all county, city, school
district and municipal excess levies and bonds; allowing counties,
cities, school districts and municipal corporations to approve, by
a vote of the people, excess levies and issue bonds by a majority
of the votes cast for and against the same; 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. Simple majority approval for all county, city, school
district and municipal corporation levies and bonds.
Notwithstanding the provisions of section one or eight of this
article relating to a vote of the people or any other provision of
this Constitution to the contrary, a county, city, school district
or municipal corporation may contract indebtedness and issue bonds
for purpose as provided by law, if, when submitted to a vote of the
people of the county, city, school district or municipal
corporation, in the manner provided by law, the question of
contracting indebtedness and issuing bonds is approved by a
majority of the votes cast for and against the same.
Notwithstanding the provisions of section one or eight of this
article relating to a vote of the people or any other provision of
this Constitution to the contrary, a county, city, school district
or municipal corporation may increase tax levies in the amount and
manner as provided by law, if, when submitted to a vote of the
people of the county, city, school district or municipal
corporation, in the manner provided by law, the question of
increasing tax levies is approved by a majority of the votes cast for and against the same.
__________
Resolved further, That in accordance with the provisions of
article eleven, chapter three of the Code of West Virginia, 1931,
as amended, the proposed amendment is hereby numbered "Amendment 1"
and designated as "The Silenced Majority Local Levy and Bond
Amendment" and the purpose of the proposed amendment is summarized
as follows: "To allow a simple majority approval for all county,
city, school district and municipal levies and bonds."
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Senate Joint Resolution No. 10, Proposing amendment to
Constitution designated Repeal The Two Consecutive Term Limitation
for Sheriffs Amendment.
On third reading, coming up in regular order, with the right
having been granted on yesterday, Thursday, February 24, 2011, for
amendments to be received on third reading, was reported by the
Clerk.
At the request of Senator Chafin, unanimous consent being
granted, further consideration of the resolution was deferred until
the conclusion of bills on today's second reading calendar.
Eng. Com. Sub. for Senate Bill No. 96, Relating generally to
certain county officials.
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, Foster,
Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller,
Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings,
Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler
(Acting President)--32.
The nays were: None.
Absent: Fanning and Tomblin (Mr. President)--2.
So, a majority of all the members present and voting having
voted in the affirmative, the Acting President declared the bill
(Eng. Com. Sub. for S. B. No. 96) passed with its title.
Senator Unger moved that the bill take effect July 1, 2011.
On this question, the yeas were: Barnes, Beach, Boley,
Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Foster, Green,
Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard,
Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt,
Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting
President)--32.
The nays were: None.
Absent: Fanning and Tomblin (Mr. President)--2.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the Acting President declared the bill
(Eng. Com. Sub. for S. B. No. 96) takes effect July 1, 2011.
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. 112, Authorizing Department
of Administration promulgate legislative rules.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Foster,
Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller,
Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings,
Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler
(Acting President)--32.
The nays were: None.
Absent: Fanning and Tomblin (Mr. President)--2.
So, a majority of all the members present and voting having
voted in the affirmative, the Acting President declared the bill
(Eng. Com. Sub. for S. B. No. 112) 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, Foster, Green,
Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard,
Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt,
Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting
President)--32.
The nays were: None.
Absent: Fanning and Tomblin (Mr. President)--2.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the Acting President declared the bill
(Eng. Com. Sub. for S. B. No. 112) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Senate Bill No. 177, Authorizing Department
of Revenue promulgate legislative rules.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Foster,
Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller,
Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings,
Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler
(Acting President)--32.
The nays were: None.
Absent: Fanning and Tomblin (Mr. President)--2.
So, a majority of all the members present and voting having
voted in the affirmative, the Acting President declared the bill
(Eng. Com. Sub. for S. B. No. 177) passed with its title.
Senator Unger moved that the bill take effect passage.
On this question, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Foster, Green,
Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard,
Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt,
Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting
President)--32.
The nays were: None.
Absent: Fanning and Tomblin (Mr. President)--2.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the Acting President declared the bill
(Eng. Com. Sub. for S. B. No. 177) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Senate Bill No. 228, Creating Local
Solution Dropout Prevention and Recovery 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, Beach,
Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Foster,
Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller,
Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings,
Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler
(Acting President)--32.
The nays were: None.
Absent: Fanning and Tomblin (Mr. President)--2.
So, a majority of all the members present and voting having
voted in the affirmative, the Acting President declared the bill
(Eng. Com. Sub. for S. B. No. 228) 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, Foster, Green,
Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard,
Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt,
Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting
President)--32.
The nays were: None.
Absent: Fanning and Tomblin (Mr. President)--2.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the Acting President declared the bill
(Eng. Com. Sub. for S. B. No. 228) 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. 272, Relating
to WV Tax Increment Financing 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, Beach,
Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Foster,
Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings,
Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler
(Acting President)--32.
The nays were: None.
Absent: Fanning and Tomblin (Mr. President)--2.
So, a majority of all the members present and voting having
voted in the affirmative, the Acting President declared the bill
(Eng. Com. Sub. for Com. Sub. for S. B. No. 272) 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, Foster, Green,
Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard,
Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt,
Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting
President)--32.
The nays were: None.
Absent: Fanning and Tomblin (Mr. President)--2.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the Acting President declared the bill
(Eng. Com. Sub. for Com. Sub. for S. B. No. 272) takes effect from
passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Senate Bill No. 279, Relating to work camps
for nonviolent offenders.
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, Foster,
Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller,
Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings,
Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler
(Acting President)--32.
The nays were: None.
Absent: Fanning and Tomblin (Mr. President)--2.
So, a majority of all the members present and voting having
voted in the affirmative, the Acting President declared the bill
(Eng. Com. Sub. for S. B. No. 279) 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. 351, Regulating captive cervid farming as
agricultural enterprise.
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, Chafin, Edgell, D. Facemire, K. Facemyer, Foster, Green,
Hall, Helmick, Jenkins, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Snyder, Stollings, Sypolt, Tucker, Wells,
Williams, Wills and Kessler (Acting President)--27.
The nays were: Browning, Klempa, Prezioso, Unger and Yost--5.
Absent: Fanning and Tomblin (Mr. President)--2.
So, a majority of all the members present and voting having
voted in the affirmative, the Acting President declared the bill
(Eng. S. B. No. 351) 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. 456, Relating to responsibilities of
Marketing and Communications Office of Department of Commerce.
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, Foster,
Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller,
Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings,
Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler
(Acting President)--32.
The nays were: None.
Absent: Fanning and Tomblin (Mr. President)--2.
So, a majority of all the members present and voting having
voted in the affirmative, the Acting President declared the bill
(Eng. S. B. No. 456) 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, Foster, Green,
Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard,
Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt,
Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting
President)--32.
The nays were: None.
Absent: Fanning and Tomblin (Mr. President)--2.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the Acting President declared the bill
(Eng. S. B. No. 456) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Senate Bill No. 458, Updating Logging
Sediment Control 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, Beach,
Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Foster,
Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller,
Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings,
Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler
(Acting President)--32.
The nays were: None.
Absent: Fanning and Tomblin (Mr. President)--2.
So, a majority of all the members present and voting having
voted in the affirmative, the Acting President declared the bill
(Eng. Com. Sub. for S. B. No. 458) 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. 495, Relating generally to
use of electronic voting systems.
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, Foster,
Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller,
Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings,
Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler
(Acting President)--32.
The nays were: None.
Absent: Fanning and Tomblin (Mr. President)--2.
So, a majority of all the members present and voting having
voted in the affirmative, the Acting President declared the bill
(Eng. Com. Sub. for S. B. No. 495) 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, Foster, Green,
Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard,
Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt,
Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting
President)--32.
The nays were: None.
Absent: Fanning and Tomblin (Mr. President)--2.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the Acting President declared the bill
(Eng. Com. Sub. for S. B. No. 495) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 546, Relating to municipal police and
firefighter pensions.
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, Foster, Green, Hall,
Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe,
Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker,
Unger, Wells, Williams, Wills, Yost and Kessler (Acting
President)--31.
The nays were: None.
Absent:
K. Facemyer, Fanning and Tomblin (Mr. President)--3.
So, a majority of all the members present and voting having
voted in the affirmative, the Acting President declared the bill
(Eng. S. B. No. 546) 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, Foster, Green, Hall,
Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe,
Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker,
Unger, Wells, Williams, Wills, Yost and Kessler (Acting
President)--31.
The nays were: None.
Absent:
K. Facemyer, Fanning and Tomblin (Mr. President)--3.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the Acting President declared the bill
(Eng. S. B. No. 546) takes effect July 1, 2011.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 563, Authorizing municipalities to create
deferred retirement option plans for certain employees.
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, Foster, Green, Hall,
Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker,
Unger, Wells, Williams, Wills, Yost and Kessler (Acting
President)--31.
The nays were: None.
Absent:
K. Facemyer, Fanning and Tomblin (Mr. President)--3.
So, a majority of all the members present and voting having
voted in the affirmative, the Acting President declared the bill
(Eng. S. B. No. 563) passed with its title.
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.
Senate Bill No. 35, Increasing nonfamily adoption tax credit.
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. 66, Relating to use of low-speed
vehicles in municipalities.
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. 121, Authorizing DEP promulgate
legislative rules.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Com. Sub. for Com. Sub. for Senate Bill No. 229, Creating Math
and Science Teacher Loan Assistance Program.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 295, Authorizing DHHR promulgate
legislative rules.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 328, Relating to issuance, disqualification,
suspension and revocation of driver's licenses.
On second reading, coming up in regular order, was read a
second time.
The following amendment to the bill, from the Committee on
Transportation and Infrastructure, was reported by the Clerk and
adopted:
On page eighteen, section six, line twenty-nine,
after "(b)"
by inserting the words
"or (c)".
The following amendment to the bill, from the Committee on
the Judiciary, was next reported by the Clerk and adopted:
On page fifty-nine, section fourteen-a, by striking out all of
subsection (d).
The bill (S. B. No. 328), as amended, was then
ordered to
engrossment and third reading.
Com. Sub. for Senate Bill No. 330, Relating to higher
education personnel generally.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 356, Making captive insurance
company organized as risk retention group subject to certain
insurance code provisions.
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. 387, Allowing retired officers
carry concealed weapon.
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. 408, Creating WV
Health Benefit Exchange Act.
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. 420, Clarifying
county commissioners must reside in district they represent.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 428, Increasing fees charged by clerk of
circuit court for medical professional liability actions.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 435, Amending insurance code with respect to
surplus lines insurance.
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. 461, Providing criminal penalty
for violating restraining order entered upon conviction for
stalking or harassment.
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. 465, Creating
Marcellus Gas and Manufacturing Development Act of 2011.
On second reading, coming up in regular order, was read a
second time.
On motion of Senator McCabe, the following amendments to the
bill were reported by the Clerk and adopted:
On page seven, section three, line seventeen, by striking out
the word "take" and inserting in lieu thereof the words "begin
taking";
And,
On page seven, section three, line seventeen, after the word
"credit" by inserting the words "for the five-year period".
The bill (Com. Sub. for Com. Sub. for S. B. No. 465), as
amended, was then
and ordered to engrossment and third reading.
On motion of Senator Unger, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Barnes,
Beach, Boley, Browning, Chafin, Edgell, D. Facemire, Foster, Green,
Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard,
Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt,
Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting
President)--31.
The nays were: None.
Absent:
K. Facemyer, Fanning and Tomblin (Mr. President)--3.
Engrossed Committee Substitute for Committee Substitute for
Senate Bill No. 465 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, Foster, Green, Hall,
Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe,
Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker,
Unger, Wells, Williams, Wills, Yost and Kessler (Acting
President)--31.
The nays were: None.
Absent:
K. Facemyer, Fanning and Tomblin (Mr. President)--3.
So, a majority of all the members present and voting having
voted in the affirmative, the Acting President declared the bill
(Eng. Com. Sub. for Com. Sub. for S. B. No. 465) passed with its
title.
Senator Unger moved that the bill take effect July 1, 2011.
On this question, the yeas were: Barnes, Beach, Boley,
Browning, Chafin, Edgell, D. Facemire, Foster, Green, Hall,
Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe,
Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker,
Unger, Wells, Williams, Wills, Yost and Kessler (Acting
President)--31.
The nays were: None.
Absent:
K. Facemyer, Fanning and Tomblin (Mr. President)--3.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the Acting President declared the bill
(Eng. Com. Sub. for Com. Sub. for S. B. No. 465) takes effect July
1, 2011.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Com. Sub. for Senate Bill No. 472, Relating to portable
electronics insurance.
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. 508, Allowing certain liquor
licensees ability to conduct responsible liquor sampling events.
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. 510, Relating to requirements
for new facility projects of public agencies and projects receiving state funds.
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. 516, Requiring state board
establish digital learning program.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 530, Clarifying use of certain portion of
revenues of racetracks with lottery table games.
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. 552, Creating crime of financial
exploitation of elderly, protected or incapacitated person.
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. 582, Relating to seals of
notaries and commissioners.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Eng. Com. Sub. for House Bill No. 2464, Adding additional
requirements to the Ethics Act.
Having been read a second time on yesterday, Thursday,
February 24, 2011, and now coming up in regular order with the
Judiciary committee amendment to the bill (as shown in the Senate Journal of that day, pages 14 through 23, inclusive)
pending, was
reported by the Clerk.
The question being on the adoption of the Judiciary committee
amendment to the bill.
On motion of Senator Helmick, the following amendment to the
Judiciary committee amendment to the bill
was reported by the
Clerk:
On page five, section seven, subsection, (a), subdivision (1),
after the words "cohabits with the person filing the statement" by
changing the period to a comma and inserting the words "including
any individual who is a partner in a civil union or same sex
marriage recognized under the laws of any state or territory of the
United States."
The question being on the adoption of Senator Helmick's
amendment to the Judiciary committee amendment to the bill, the
same was put and did not prevail.
The question now being on the adoption of the Judiciary
committee amendment to the bill, the same was put and prevailed.
The bill (Eng. Com. Sub. for House Bill No. 2464
), as amended,
was then ordered to third reading.
Eng. Com. Sub. for House Bill No. 2613, Authorizing the
Department of Military Affairs and Public Safety to promulgate
legislative rules.
On second reading, coming up in regular order, was read a second time and ordered to third reading.
The end of today's second reading calendar having been
reached, the Senate returned to the consideration of
Senate Joint Resolution No. 10, Providing one-time supplement
to certain public employee and teacher annuitants.
On third reading, coming up in deferred order, with the right
having been granted on yesterday, Thursday, February 24, 2011, for
amendments to be received on third reading, was reported by the
Clerk.
On motion of Senator Chafin, the following amendment to the
resolution was reported by the Clerk:
On page one, after the Resolved clause, by striking out the
words "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
section three, article IX thereof be repealed to read as follows:"
and inserting in lieu thereof the following:
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 special general election to be held
in the year 2011, which proposed amendment is that section three,
article IX thereof be repealed to read as follows:.
Pending discussion,
The question being on the adoption of Senator Chafin's
amendment to the resolution, the same was put and did not prevail.
The resolution was ordered to engrossment.
Engrossed Senate Joint Resolution No. 10 was then 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, Foster, Hall,
Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe,
Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker,
Unger, Wells, Williams, Wills, Yost and Kessler (Acting
President)--30.
The nays were: None.
Absent: K. Facemyer, Fanning, Green and Tomblin (Mr.
President)--4.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the Acting President declared the
resolution (Eng. S. J. R. No. 10) adopted, as follows:
Eng. Senate Joint Resolution No. 10--Proposing an amendment to
the Constitution of the State of West Virginia, repealing section
three, article IX thereof, relating to sheriffs serving more than
two consecutive terms; 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 section three,
article IX thereof be repealed.
__________
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 "Repeal The Two Consecutive Term
Limitation for Sheriffs Amendment" and the purpose of the proposed
amendment is summarized as follows: "To repeal section three,
article IX of the State Constitution which provides that a person
who has been elected or who has served as a sheriff during all or
any part of two consecutive terms shall be ineligible for the
office of sheriff during any part of the term immediately following
the second of the two consecutive terms, and that the person
holding the office of sheriff when this section is ratified shall
not be prevented from holding the office of sheriff during the term
immediately following the term he is serving."
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
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:
Com. Sub. for Senate Bill No. 15, Providing one-time bonus to
certain public employee and teacher annuitants.
Com. Sub. for Senate Bill No. 18, Requiring alcohol awareness
education courses for certain employees of retailers and licensed
private clubs.
Com. Sub. for Com. Sub. for Senate Bill No. 245, Relating to
protection of Chesapeake Bay Watershed.
Senate Bill No. 366, Relating to Underground Storage Tank
Administrative Fund.
Com. Sub. for Senate Bill No. 444, Relating to protection of
nonfamily or nonhousehold members from violations of personal
safety.
Senate Bill No. 467, Prohibiting teachers from being assigned
additional duties during planning period without consent.
Com. Sub. for Com. Sub. for Senate Bill No. 488, Revising HIV
testing statute to conform with most recent recommendations from
CDC.
Com. Sub. for Com. Sub. for Senate Bill No. 526, Allowing
certain emergency service providers possess Naloxone to administer
in suspected overdoses.
Com. Sub. for Senate Bill No. 540, Creating Equine Rescue
Facilities Act.
Senate Bill No. 568, Providing attorney from public defender
office be appointed by judge in certain cases.
Com. Sub. for Senate Bill No. 592, Requiring schools have
crisis response plans.
Senate Bill No. 609, Clarifying certain employees of property
management firms are not required to be licensed security guards.
And,
Eng. Com. Sub. for House Bill No. 2709, Allowing county school
boards to enter into energy-saving contracts.
At the request of Senator Unger, unanimous consent being
granted, the Senate returned 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. 13, Requesting DOH name State
Route 3, between Yawkey and Julian, "LCPL Rodney A. Breedlove
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. 2208--A Bill to amend and
reenact §6-9-8 of the Code of West Virginia, 1931, as amended; and
to amend and reenact §11-6G-17 of said code, all relating to subsidizing the cost of services provided by the chief inspector to
certain Class IV municipalities and specifying the charge is for
cost of the service.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 2863--A Bill to
amend and
reenact §15-2-31 of the Code of West Virginia, 1931, as amended;
and to amend and reenact §15-2A-11 of said code, all relating to
State Police; providing for payment of medical costs of physical
disability and/or mental disability examinations approved by the
Consolidated Public Retirement Board under the State Police Death,
Disability and Retirement plan and the West Virginia State Police
Retirement System; providing for reinstatement to active duty under
certain conditions of formerly disabled State Police officers
considered no longer disabled from law enforcement work; and
providing that a former disability retirant reinstated to active
duty with the State Police shall rejoin the retirement system in
which originally enrolled with restoration of credited service in
force at the time of disability retirement.
Referred to the Committee on Finance.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 3032--A Bill to amend and
reenact §
3-1A-6
of the Code of West Virginia, 1931, as amended,
relating to emergency powers of the Secretary of State.
Referred to the Committee on Government Organization; and then
to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 3145--A Bill to amend the
Code of West Virginia, 1931, as amended, by adding thereto a new
section, designated §5-10-22k; and to amend said code by adding
thereto a new section, designated §18-7A-26v, all relating to the
Public Employees Retirement System and the State Teachers
Retirement System; and providing for a one-time bonus payment for
certain annuitants.
At the request of Senator Unger, and by unanimous consent, the
message was taken up for immediate consideration and reference of
the bill to a committee dispensed with.
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
Com. Sub. for House Concurrent Resolution No. 26--Requesting the Division of Highways to name that portion of U. S. Route 50 in
Hampshire County from its intersection with School Street in
Romney, West Virginia, west to its intersection with Fox's Hollow
Road, a distance of 3.7 miles more or less, as the "Pearsall Land
Grant Historic District".
Referred to the Committee on Transportation and
Infrastructure.
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. 89--Requesting the Division of
Highways to rename the bridge, located on Route 10, which crosses
the Ten Mile Creek approximately four miles north of Ranger,
Lincoln County, West Virginia, specifically bridge number 22-10-
17.41, the "Ten Mile Creek Veteran's Memorial Bridge".
Referred to the Committee on Transportation and
Infrastructure.
The Senate proceeded to the fourth order of business.
Senator Stollings, from the Committee on Health and Human
Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under
consideration
Senate Bill No. 64, Permitting unlicensed personnel to
administer medications in certain circumstances.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 64 (originating in the Committee
on Health and Human Resources)--A Bill to amend and reenact §16-5O-
2, §16-5O-3 and §16-5O-4 of the Code of West Virginia, 1931, as
amended, all relating to permitting unlicensed personnel to
administer or assist with administration of medications in certain
circumstances; defining terms; and exemptions from licensure.
And,
Senate Bill No. 560, Relating to confidentiality of Health
Care Authority's rate setting model.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 560 (originating in the
Committee on Health and Human Resources)--A Bill to amend the Code
of West Virginia, 1931, as amended, by adding thereto a new
section, designated §16-29B-20a, relating to confidentiality of the
rate-setting model.
With the recommendation that the two committee substitutes do
pass; but under the original double committee references first be
referred to the Committee on the Judiciary.
Respectfully submitted,
Ron Stolllings,
Chair.
At the request of Senator Stollings, unanimous consent being
granted, the bills (Com. Sub. for S. B. Nos. 64 and 560) contained
in the preceding report from the Committee on Health and Human
Resources were each taken up for immediate consideration, read a
first time, ordered to second reading and, under the original
double committee references, were then referred to the Committee on
the Judiciary.
Senator Prezioso, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Com. Sub. for Senate Bill No. 242, Dedicating portion of coal
severance tax to county of origin.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
Senator Palumbo, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 248, Relating to coal slurry disposal.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 248 (originating in the Committee on the Judiciary)--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §11-13BB-1, §11-13BB-2, §11-13BB-3, §11-13BB-4,
§11-13BB-5 and §11-13BB-6; and to amend and reenact §22-11-8 of
said code, all relating to coal slurry disposal; establishing a
corporate net income tax credit for developing alternative
technologies for disposal of coal slurry; prohibiting new permits
for underground injection of coal slurry; requiring certain study
be conducted before new coal slurry injection permits may be
issued; and requiring study to begin and be completed within a
certain time.
With the recommendation that the committee substitute do pass;
but under the original double committee reference first be referred
to the Committee on Finance.
Respectfully submitted,
Corey Palumbo,
Chair.
At the request of Senator Palumbo, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 248) 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 Palumbo, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 285, Extending time frame practitioners must
write prescriptions on official tamper-resistant paper.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Corey Palumbo,
Chair.
Senator Green, from the Committee on Energy, Industry and
Mining, submitted the following report, which was received:
Your Committee on Energy, Industry and Mining has had under
consideration
Senate Bill No. 372, Relating to dedication of coalbed methane
severance tax proceeds.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 372 (originating in the
Committee on Energy, Industry and Mining)--A Bill to amend and
reenact §11-13A-20a of the Code of West Virginia, 1931, as amended;
and to amend and reenact §31-15A-16 of said code, all relating to
dedication of coalbed methane severance tax proceeds; redirecting
coalbed methane severance tax revenues from the Infrastructure Fund
to the Coalbed Methane Severance Tax Fund; requiring moneys deposited in the Infrastructure Fund prior to July 1, 2011, be
distributed to the Coalbed Methane Severance Tax Fund; providing
calculation methods; specifying a minimum share of coalbed methane
severance tax revenue be provisionally allocated to producing
counties in an amount at least equal to the share received by
nonproducing counties; providing for portional adjustments and
redesignation for counties deemed nonproducing; providing that no
distribution of moneys to exceed total amount of coalbed methane
severance tax received in any fiscal year; creating the Coalbed
Methane Severance Tax Revenue Fund to be administered by the
Development Office; requiring county commissions to apply to the
Development Office to obtain grants from such funds; requiring
approval of respective county commissions and the Development
Office prior to expending any funds; and authorizing and requiring
the Development Office to promulgate legislative rules regarding
use of funds, including emergency rules.
With the recommendation that the committee substitute do pass;
but under the original double committee reference first be referred
to the Committee on Finance.
Respectfully submitted,
Mike Green,
Chair.
At the request of Senator D. Facemire, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 372) contained in the preceding report from the Committee on Energy, Industry and Mining
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 Prezioso, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Com. Sub. for Senate Bill No. 373, Requiring School Building
Authority allocate and expend certain moneys for vocational
programs at comprehensive middle schools.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
Senator Palumbo, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Com. Sub. for Senate Bill No. 447 (originating in the
Committee on Education), Relating to violations of school
attendance requirements.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Com. Sub. for Senate Bill No. 447 (originating in the Committee on the Judiciary)--A Bill to amend the Code of
West Virginia, 1931, as amended, by adding thereto two new
sections, designated §18-8-2a and §18-8-12, all relating to
improving school attendance generally; requiring county school
superintendents or their designees to request and obtain an
investigation by the Department of Health and Human Resources of
the household of a student with five or more unexcused absences;
exceptions; authorizing prosecuting attorneys to request and obtain
attendance of Child Protective Services workers or youth services
workers at hearings and meetings related to prosecution of
violation of school attendance laws; requiring appointment of a
truancy and dropout prevention team in every county; requiring
representatives of certain entities be included on team; requiring
development and adoption of truancy and dropout prevention plan;
and setting forth minimum terms to be included in the plan.
With the recommendation that the committee substitute for
committee substitute do pass.
Respectfully submitted,
Corey Palumbo,
Chair.
Senator Palumbo, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Com. Sub. for Senate Bill No. 499 (originating in the Committee on Economic Development), Regulating zipline and canopy
tour operations.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Com. Sub. for Senate Bill No. 499 (originating
in the Committee on the Judiciary)--A Bill to amend the Code of
West Virginia, 1931, as amended, by adding thereto a new article,
designated §20-3C-1, §20-3C-2, §20-3C-3, §20-3C-4 and §20-3C-5, all
relating to zipline and canopy tour regulation; establishing
legislative purpose; defining terms; setting forth duties of
zipline and canopy tour operators; requiring liability insurance;
setting forth record-keeping requirements; establishing
responsibilities of participants; providing for assumption of
risks; setting forth prohibited acts; and defining liability of
zipline and canopy tour operators.
With the recommendation that the committee substitute for
committee substitute do pass.
Respectfully submitted,
Corey Palumbo,
Chair.
Senator Green, from the Committee on Energy, Industry and
Mining, submitted the following report, which was received:
Your Committee on Energy, Industry and Mining has had under
consideration
Senate Bill No. 519, Creating WV Innovative Mine Safety
Technology Tax Credit Act.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 519 (originating in the
Committee on Energy, Industry and Mining)--A Bill to amend the Code
of West Virginia, 1931, as amended, by adding thereto a new
article, designated §11-13BB-1, §11-13BB-2, §11-13BB-3, §11-13BB-4,
§11-13BB-5, §11-13BB-6, §11-13BB-7, §11-13BB-8, §11-13BB-9, §11-
13BB-10, §11-13BB-11, §11-13BB-12 and §11-13BB-13; to amend and
reenact §22A-1-4 of said code; and to amend and reenact §22A-11-3
of said code, all relating to providing a tax credit for purchase
of innovative mine safety technology; legislative findings and
purpose; definitions; requirements for list of approved innovative
mine safety technology; amount of tax credit allowed; criteria for
qualified investment; forfeiture of unused tax credits; treatment
for transfer of certified eligible safety property to successors;
setting forth requirements for identification of investment credit
property; prescribing treatment for failure to keep records of
certified eligible safety property; specifying tax credit review
and accountability requirements; specifying requirement for
disclosure of tax credits; authorizing rules; amending the duties
of the Director of the West Virginia Office of Miners' Health,
Safety and Training; and amending the duties of the Mine Safety Technology Task Force.
With the recommendation that the committee substitute do pass;
but under the original double committee reference first be referred
to the Committee on Finance.
Respectfully submitted,
Mike Green,
Chair.
At the request of Senator D. Facemire, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 519) contained in the
preceding report from the Committee on Energy, Industry and Mining
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 Palumbo, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Com. Sub. for Senate Bill No. 532 (originating in the
Committee on Health and Human Resources), Relating to fraud and
abuse in Medicaid program.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Com. Sub. for Senate Bill No. 532 (originating
in the Committee on the Judiciary)--A Bill to amend and reenact §9-
7-1, §9-7-2, §9-7-3, §9-7-4, §9-7-5, §9-7-6 and §9-7-8 of the Code of West Virginia, 1931, as amended; and to amend said code by
adding thereto three new sections, designated §9-7-3a, §9-7-5a and
§9-7-6a, all relating to the Medicaid Fraud Control Unit of the
Department of Health and Human Resources generally; clarifying that
the Medicaid Fraud Control Unit is part of the Department of Health
and Human Resources; providing authority to investigate financial
exploitation; defining terms; authorizing investigation procedures
for the Medicaid Fraud Control Unit upon information indicating a
violation; providing that the Medicaid Fraud Control Unit may
request search warrants and initiate criminal complaints upon
probable cause; allowing Medicaid Fraud Control Unit lawyers to
assist prosecutors in Medicaid crimes; providing permitted venues
for prosecution of crimes committed against Medicaid; and limiting
the liability of the Department of Health and Human Resources, its
secretary and its employees.
With the recommendation that the committee substitute for
committee substitute do pass.
Respectfully submitted,
Corey Palumbo,
Chair.
Senator Prezioso, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 544, Relating to municipal policemen's and firemen's pension and relief funds.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 544 (originating in the
Committee on Finance)--A Bill to amend and reenact §8-22-16 and §8-
22-20 of the Code of West Virginia, 1931, as amended; to amend and
reenact §8-22A-28 of said code; and to amend and reenact §33-3-14d
of said code, all relating to municipal policemen's and firemen's
pension and relief funds and Municipal Police Officers and Fire
Fighters Retirement System; providing additional method for
municipalities to finance policemen's and firemen's pension and
relief funds; authorizing Municipal Pensions Oversight Board to
contract for actuarial services; clarifying disclosures required in
actuarial reports; extending time to elect Social Security
benefits; and reallocating certain premium tax funds for three
years to municipal policemen's and firemen's pension and relief
funds and volunteer and part-volunteer fire companies.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
Senator Prezioso, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 553, Creating workers' compensation insurance
subsidy program for volunteer fire departments.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 553 (originating in the
Committee on Finance)--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new section, designated §12-
4-14a, relating to creating a workers' compensation insurance
subsidy program for volunteer fire departments; defining terms;
establishing a special program within the Auditor's Office;
granting authority to the Auditor to administer the program;
designating a funding formula for distribution of moneys allocated;
granting rule-making authority to administer this section; and
requiring report to the Legislature.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
Senator Palumbo, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 566, Relating to other post-employment
benefits generally.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 566 (originating in the
Committee on the Judiciary)--A Bill to amend and reenact §5-16-5 of
the Code of West Virginia, 1931, as amended; to amend and reenact
§5-16D-1, §5-16D-2 and §5-16D-6 of said code; to amend and reenact
§11-10-5d of said code; to amend and reenact §11-17-3 of said code;
and to amend and reenact §18-9A-24 of said code, all relating to
other post-employment benefits generally; prohibiting Public
Employees Insurance Agency Finance Board from including in the
financial plans any subsidy for the cost of coverage for retired
employees who were hired on or after July 1, 2010; capping the
amount the finance board may include in the financial plans as
subsidy for the cost of coverage for retired employees who were
hired before July 1, 2010, at $160 million; escalating the funding;
converting to a per member, per month equivalent; defining
"contractually required contribution"; authorizing the finance
board to set minimum annual required contribution below annual
required contribution; specifying that each participating
government entity is required to remit annual contractual
obligation; authorizing the Tax Commissioner to disclose certain
return information to the Public Employees Insurance Agency to
determine total income for premium calculation; increasing the
excise tax on cigarettes from 55 cents to $1.55 per pack;
dedicating a portion of the increased tax to the West Virginia Retiree Health Benefit Trust Fund for fifteen years; specifying
that the trust fund is to keep all earnings during the fifteen-year
period; specifying that the foundation allowance for Public
Employees Insurance Fund shall be paid directly to the West
Virginia Retiree Health Benefit Trust Fund and each county board
shall reflect its share of the payment as revenue on its financial
statements to offset the applicable portion of its annual
contractually required contribution expense; and providing that any
amount of annual contractually required contribution allocated to
and billed county boards of education for certain employees is a
liability of the state until fully paid.
With the recommendation that the committee substitute do pass;
but under the original double committee reference first be referred
to the Committee on Finance.
Respectfully submitted,
Corey Palumbo,
Chair.
At the request of Senator Palumbo, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 566) 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 Green, from the Committee on Energy, Industry and Mining, submitted the following report, which was received:
Your Committee on Energy, Industry and Mining has had under
consideration
Senate Bill No. 575, Creating Energy Intensive Industrial
Consumers Revitalization Tax Credit.
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,
Mike Green,
Chair.
At the request of Senator D. Facemire, unanimous consent being
granted, the bill (S. B. No. 575) contained in the preceding report
from the Committee on Energy, Industry and Mining 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 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 Bill No. 606, Providing funding for parkways project
along U. S. Route 35.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 606 (originating in the
Committee on Transportation and Infrastructure)--A Bill to amend
and reenact §17-16A-10 of the Code of West Virginia, 1931, as
amended; and to amend and reenact §31-15A-11 of said code, all
relating to providing funding and financing mechanisms for the
parkways project along U. S. Route 35 in Putnam and Mason counties;
allowing funds transferred from West Virginia Infrastructure Fund
to be deposited into the U. S. Route 35 Toll Revenue Enhancement
Fund for further deposit into a debt service reserve fund;
requiring the general manager of the Parkways Authority to certify
funding amounts in Debt Service Reserve Fund to certain persons on
dates certain; creating the U. S. Route 35 Toll Revenue Enhancement
Fund within the Parkways Authority; requiring the Parkways
Authority to transfer moneys from the U. S. Route 35 Toll Revenue
Enhancement Fund to the trustee of toll revenue bonds for deposit
into a debt service reserve fund associated with toll revenue
bonds; providing prepayment of bonds; providing for the removal of
tolls upon the retiring of the toll revenue bonds; providing that
subsequent to transfer of certain moneys from the West Virginia
Infrastructure Fund into the West Virginia Infrastructure Lottery
Revenue Debt Service Fund, other moneys in the West Virginia
Infrastructure Fund be dedicated to maintaining the Debt Service
Reserve Fund for the U. S. Route 35 parkways project before being dedicated to other infrastructure projects; and making technical
corrections.
With the recommendation that the committee substitute do pass;
but under the original double committee reference first be referred
to the Committee on Finance.
Respectfully submitted,
Robert D. Beach,
Chair.
At the request of Senator Beach, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 606) contained in the
preceding report from the Committee on Transportation and
Infrastructure 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 Jenkins, from the Committee on Interstate Cooperation,
submitted the following report, which was received:
Your Committee on Interstate Cooperation has had under
consideration
Senate Bill No. 610 (originating in the Commission on
Interstate Cooperation)--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new article, designated §60A-
12-1, §60A-12-2, §60A-12-3, §60A-12-4, §60A-12-5, §60A-12-6, §60A-
12-7, §60A-12-8, §60A-12-9, §60A-12-10, §60A-12-11, §60A-12-12, §60A-12-13 and §60A-12-14, all relating to enactment of the
Prescription Monitoring Program Compact; authorizing West Virginia
to become a member; providing the compact becomes effective when at
least six states become members; and establishing the powers and
duties under the compact.
And reports the same back with the recommendation that it do
pass; but with the further recommendation that it first be referred
to the Committee on the Judiciary.
Respectfully submitted,
Evan H. Jenkins,
Chair.
On motion of Senator Jenkins, the bill (S. B. No. 610)
contained in the foregoing report from the Committee on Interstate
Cooperation was then referred to the Committee on the Judiciary.
Senator Palumbo, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 611 (originating in the Committee on the
Judiciary)--A Bill to amend and reenact §17-16A-29 of the Code of
West Virginia, 1931, as amended, relating to extending the discount
for West Virginia EZ Pass transponders to all other toll roads; and
requiring an annual public informational session in the affected
counties.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Corey Palumbo,
Chair.
On motion of Senator Unger, leaves of absence for the day were
granted Senators Tomblin (Mr. President) and Fanning.
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Unger, the Senate adjourned until Monday,
February 28, 2011, at 11 a.m.
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