sdj-48th day
WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
EIGHTIETH LEGISLATURE
REGULAR SESSION, 2011
FORTY-EIGHTH DAY
____________
Charleston, W. Va., Monday, February 28, 2011
The Senate met at 11 a.m.
(Senator Kessler, Acting President, in the Chair.)
Prayer was offered by the Reverend Kevan Bartlett, Maranatha
Baptist Church, Charleston, West Virginia.
Pending the reading of the Journal of Friday, February 25,
2011,
On motion of Senator Sypolt, the Journal was approved and the
further reading thereof dispensed with.
The Senate proceeded to the second order of business and the
introduction of guests.
The Senate then proceeded to the third order of business.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage of
Eng. Senate Bill No. 507, Continuing Broadband Deployment
Council.
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. 2096--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new
article, designated §5B-2H-1, §5B-2H-2, §5B-2H-3, §5B-2H-4, §5B-2H-
5 and §5B-2H-6, all relating to arts, entertainment and enterprise
districts; establishing a board for the purpose of designating
areas as an arts, entertainment and enterprise district; providing
for the makeup of the board; definitions; providing for application
by municipalities and political subdivisions to designate an area
an arts, entertainment and enterprise district; requiring the board
to adopt by-laws and establish and application procedure and
criteria for the designation of arts, entertainment and enterprise
districts; and requiring the chairperson of the board to report to
the Legislature on the efforts of other states to create arts,
entertainment and enterprise districts and the benefit of related
tax credits and potential funding sources for related tax credits.
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. 2479--A Bill to repeal
§30-4A-6 of the Code of West Virginia, 1931, as amended; to amend
and reenact §30-4A-4, §30-4A-5 and §30-4A-8 of said code; and to
amend said code by adding thereto four new sections, designated
§30-4A-6a, §30-4A-6b, §30-4A-6c and §30-4A-6d, all relating to the
administration of anesthesia by dentists and in dental offices;
permit requirements; classes of permits; qualifications and certifications required for the respective classes of permits;
standards of care; patient monitoring requirements; education and
certification requirements for monitors and assistants; and related
office evaluations.
Referred to the Committee on Health and Human Resources; 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. 2745--A Bill to amend and
reenact §33-4-14 of the Code of West Virginia, 1931, as amended,
relating the confidentiality of certain information provided by
insurance companies to the Insurance Commissioner; exempting such
confidential information from the freedom of information disclosure
requirements; providing that such confidential information is not
subject to subpoena or discoverable in a private civil action;
commissioner's authority to release or share documents otherwise
treated as confidential in furtherance of regulatory or legal
action brought as a part of the commissioner's official duties;
commissioner's authority to share otherwise confidential and
privileged documents, materials or information with other state,
federal and international regulatory agencies; commissioner's
authority to share otherwise confidential and privileged documents
with state, federal and international law enforcement authorities;
conditions attached thereto; and authorizing rulemaking.
Referred to the Committee on Banking and Insurance; and then to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect from passage, and
requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 2796--A Bill to repeal
§30-1-15 of the Code of West Virginia, 1931, as amended; to amend
and reenact §30-1-2a, §30-1-5, §30-1-6, §30-1-8, §30-1-11 and
§30-1-14 of said code; and to amend said code by adding thereto a
new section, designated §30-1-20, all relating to professional
licensing boards; repealing antiquated, ineffective provisions;
revising requirements for specific subject matter at orientation
sessions; clarifying who may call a board meeting; establishing
quorums; reporting violations; requiring boards to maintain a
business office open to the public; authorizing boards to propose
fees notwithstanding specific fees established in code; notifying
licensees of proposal of fees in legislative rules; authorizing
boards to levy fines; hiring administrative law judges; clarifying
law governing hearings and administrative hearings; requiring board
members to adhere to ethical standards for appointed officials;
permitting boards to establish a process for modifying or waiving
continuing education requirements or renewal fees for licensees in
active duty military service; and requiring regulatory board
reviews.
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. 2969--A Bill to amend and
reenact §16-9D-6 of the Code of West Virginia, 1931, as amended,
relating to enforcement of statutes implementing tobacco master
settlement agreement; reporting of information; and requiring the
Tax Commissioner to disclose, at the request of a nonparticipating
tobacco product manufacturer, the branding information, sales,
stamping and other information that is reported to the Tax
Commissioner by distributors and stamping agents for products
obtained from that nonparticipating manufacturer.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. House Bill No. 3000--A Bill to amend and reenact §20-2-5
of the Code of West Virginia, 1931, as amended, relating to making
it lawful to hunt coyotes with a green colored light.
Referred to the Committee on Natural Resources; 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. 3061--A Bill to amend the
Code of West Virginia, 1931, as amended, by adding thereto a new
section, designated §30-1-21, relating to authorizing health
related licensing boards to authorize residents and nonresident licensees to voluntarily provide services in certain circumstances;
setting forth minimum requirements for authorization; and requiring
promulgation of legislative rules prior to implementing the
provisions of this section.
Referred to the Committee on Health and Human Resources; and
then to the Committee on Government Organization.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. House Bill No. 3100--A Bill to amend and reenact §60-3A-
18 of the Code of West Virginia, 1931, as amended, relating to
permitting the sale of liquor on election day.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. House Bill No. 3134--A Bill to amend and reenact §48-1-
204, §48-1-244 and §48-1-302 of the Code of West Virginia, 1931, as
amended; to amend and reenact §48-14-408 and §48-14-410 of said
code; and to amend and reenact §48-24-106 of said code, all
relating to child support enforcement; lowering the accrued
interest rate; requiring employers provide information to the
Bureau for Child Support Enforcement; and making various technical
corrections.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. House Bill No. 3162--A Bill to amend and reenact §62-11D-
2 of the Code of West Virginia, 1931, as amended, relating to
polygraph examinations required as a condition of supervision for
certain sex offenders released on probation, parole or supervised
release; amending the number of polygraph examinations that may be
conducted by an examiner within a twenty-four hour period; and
amending the number of conclusive examinations that may be
conducted on a sex offender by the same examiner within one year.
Referred to the Committee on the Judiciary.
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. 75--Urging the Governor of
Florida and the Florida State Senate Legislature not to repeal
Florida's prescription tracking system.
Referred to the Committee on Health and Human Resources.
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. 78--Requesting the Division of
Highways to name bridge number 42-33-23.03, on US 33 crossing the
Cheat River which is about ten miles east of Elkins, West Virginia,
the "Sergeant Robert Dewey Thompson Memorial Bridge".
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. 90--Requesting the Division of
Highways to name the bridge located in Greenbrier County, West
Virginia, that spans the Muddy Creek River on Route 3, Bridge No.
13-3-0.41, the "Campbell Memorial Bridge".
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. 103--Requesting the Division
of Highways to name the bridge on WV 2, spanning the Guyandotte
River, .08 miles east of US 60, as the "Lt. Ronnie D. Ferrell
Memorial Bridge".
Referred to the Committee on Transportation and
Infrastructure.
Executive Communications
The Clerk then presented communications from His Excellency,
the Governor, advising that on February 25, 2011, he had approved
Enr. Senate Bill No. 255 and
Enr. House Bill No. 2556.
The Senate proceeded to the fourth order of business.
Senator Miller, from the Joint Committee on Enrolled Bills, submitted the following report, which was received:
Your Joint Committee on Enrolled Bills has examined, found
truly enrolled, and on the 25th day of February, 2011, presented to
His Excellency, the Governor, for his action, the following bills,
signed by the Acting President of the Senate and the Speaker of the
House of Delegates:
H. B. No. 2556, Resetting the expiration date of provisions
that allow the employment of retired teachers as substitutes beyond
the post-retirement employment limit,
Com. Sub. for H. B. No. 2882, Relating to the Commissioner's
Assessment and Examination Fund,
And,
Com. Sub. for H. B. No. 2962, Increasing the amount of a fine
or penalty the Commissioner of Banking may impose on residential
mortgage brokers and lenders.
Respectfully submitted,
Ronald F. Miller,
Chair, Senate Committee.
Meshea L. Poore,
Chair, House Committee.
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. 82 (originating in the Committee
on Health and Human Resources), Declaring child's right to nurse is
protected.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Com. Sub. for Senate Bill No. 82 (originating in
the Committee on the Judiciary)--A Bill
to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §16-1-19, relating to a child's right to nurse; and
stating that a child may be breast fed in any location where the
woman and child have a right to be.
With the recommendation that the committee substitute for
committee substitute do pass.
Respectfully submitted,
Corey Palumbo,
Chair.
At the request of Senator Palumbo, unanimous consent being
granted, the bill (Com. Sub. for Com. Sub. for S. B. No. 82)
contained in the preceding report from the Committee on the
Judiciary was taken up for immediate consideration, read a first
time and ordered to second reading.
Senator Yost, from the Committee on Labor, submitted the
following report, which was received:
Your Committee on Labor has had under consideration
Senate Bill No. 231, Relating to elevator workers' licensure
exemptions.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 231 (originating in the Committee on Labor)--A Bill
to amend and reenact §21-3C-10a of the
Code of West Virginia, 1931, as amended, relating to elevator
workers' licensure exemptions.
With the recommendation that the committee substitute do pass;
but under the original double committee reference first be referred
to the Committee on Government Organization.
Respectfully submitted,
Jack Yost,
Chair.
At the request of Senator Snyder, as chair of the Committee on
Government Organization, unanimous consent was granted to dispense
with the second committee reference of the bill contained in the
foregoing report from the Committee on Labor.
At the request of Senator Yost, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 231) was taken up for
immediate consideration, read a first time and ordered to second
reading.
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. 426, Requiring judge's permission before
release of juror information after trial.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Corey Palumbo,
Chair.
At the request of Senator Palumbo, unanimous consent being
granted, the bill (S. B. No. 426) contained in the preceding report
from the Committee on the Judiciary was taken up for immediate
consideration, read a first time and ordered to second reading.
Senator 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. 430, Filing civil petition for expungement of
certain criminal records.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 430 (originating in the
Committee on the Judiciary)--A Bill
to amend and reenact §61-11-25
of the Code of West Virginia, 1931, as amended, relating to filing
a civil petition for expungement of records relating to an arrest
or charges relating to the arrest when found not guilty of the
offense or charges have been dismissed; and providing that no
filing fees or costs be charged for processing the action.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Corey Palumbo,
Chair.
At the request of Senator Palumbo, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 430) contained in the
preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to
second reading.
Senator Plymale, from the Committee on Education, submitted
the following report, which was received:
Your Committee on Education has had under consideration
Senate Bill No. 484, Relating to research and development
agreements for state institutions of higher education.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 484 (originating in the
Committee on Education)--A Bill
to amend the Code of West Virginia,
1931, as amended, by adding thereto a new article, designated §18B-
1E-1, §18B-1E-2, §18B-1E-3, §18B-1E-4, §18B-1E-5, §18B-1E-6, §18B-
1E-7, §18B-1E-8 and §18B-1E-9, all relating to management
agreements of the Higher Education Policy Commission; authorizing
creation of certain corporations;
authorizing policy commission to
enter into certain agreements and contractual arrangements; terms
and conditions; legislative findings, purpose and intent; providing
certain definitions;
setting forth essential criteria for certain
corporations; specifying corporation membership, organization and
financial requirements;
providing for appointment of executive
director; specifying qualifications; requiring annual audit of
corporation operations; clarifying issues of conflicts of interest;
prohibiting waiver of sovereign immunity; clarifying issues of debt
obligations;
requiring memorandum of agreement on research
collaboration and cooperation; specifying parties to agreement and setting forth certain conditions; specifying certain deadlines; and
requiring reports in certain instances.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Robert H. Plymale,
Chair.
At the request of Senator Plymale, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 484) contained in the
preceding report from the Committee on Education was taken up for
immediate consideration, read a first time and ordered to second
reading.
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. 565, Providing notice and ability to be heard
during certain hearings to person residing with victim prior to
crime.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Corey Palumbo,
Chair.
At the request of Senator Palumbo, unanimous consent being
granted, the bill (S. B. No. 565) contained in the preceding report
from the Committee on the Judiciary was taken up for immediate
consideration, read a first time and ordered to second reading.
Senator Plymale, from the Committee on Education, submitted
the following report, which was received:
Your Committee on Education has had under consideration
Senate Bill No. 612 (originating in the Committee on
Education)--A Bill
to amend the Code of West Virginia, 1931, as
amended, by adding thereto a new section, designated §18-5A-3a; and
to amend and reenact §18-5B-10 of said code, all relating to
exempting certain schools and school districts from certain
statutory provisions pursuant to certain statutory approval
processes and recommendation by the Legislative Oversight
Commission on Education Accountability.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Robert H. Plymale,
Chair.
At the request of Senator Plymale, unanimous consent being
granted, the bill (S. B. No. 612) contained in the preceding report
from the Committee on Education was taken up for immediate
consideration, read a first time and ordered to second reading.
The Senate proceeded to the sixth order of business.
Petitions
Senator Fanning presented a petition from Walter Newcomb II
and eight hundred fourteen residents of southern West Virginia,
opposing any rate increase for Appalachian Electric Power.
Referred to the Committee on the Judiciary.
Senator Laird presented a petition from Annette Boseley and
nineteen Nicholas County residents, opposing Committee Substitute
for Senate Bill No. 362
(Increasing excise tax on all tobacco
products).
Referred to the Committee on Finance.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 48, Requesting Joint
Committee on Government and Finance study need to clarify law
relating to disposition of deceased person's remains.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on the
Judiciary; and then to the Committee on Rules.
The Senate then proceeded to the eighth order of business.
Eng. Senate Bill No. 35, Increasing nonfamily adoption tax
credit.
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, Klempa, Laird, McCabe,
Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and
Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
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. 35) 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. 66, Relating to use of
low-speed vehicles in municipalities.
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, Klempa, Laird, McCabe,
Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and
Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
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. 66) 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. 121, Authorizing DEP
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, Fanning,
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)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
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. 121) 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, Klempa, Laird, McCabe,
Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and
Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
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. 121) 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. 229, Creating
Math and Science Teacher Loan Assistance Program.
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, Klempa, Laird, McCabe,
Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and
Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
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. 229) 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, Fanning,
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)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
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. 229) 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. 295, Authorizing DHHR
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, Fanning,
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)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
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. 295) 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, Klempa, Laird, McCabe,
Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and
Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
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. 295) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
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 again proceeded to the eighth order of business.
Eng. Senate Bill No. 328, Relating to issuance,
disqualification, suspension and 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, Klempa, Laird, McCabe,
Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and
Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
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. 328) 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. 330, Relating to higher
education personnel generally.
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, K. Facemyer, Fanning, 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:
Edgell and D. Facemire--2.
Absent: Tomblin (Mr. President)--1.
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. 330) 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. 356, Making captive
insurance company organized as risk retention group subject to
certain insurance code 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, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and
Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
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. 356) 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, Fanning,
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)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
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. 356) 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. 387, Allowing retired
officers carry concealed weapon.
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, Klempa, Laird, McCabe,
Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and
Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
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. 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 Com. Sub. for Senate Bill No. 408, Creating
WV Health Benefit Exchange 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, Browning,
Chafin, Edgell, D. Facemire, Fanning, Foster, Green, Helmick,
Jenkins, Klempa, Laird, McCabe, Miller, Minard, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Tucker, Unger, Wells, Williams, Wills,
Yost and Kessler (Acting President)--27.
The nays were: Barnes, Boley, K. Facemyer, Hall, Nohe and
Sypolt--6.
Absent: Tomblin (Mr. President)--1.
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. 408) passed with its
title.
Senator Unger moved that the bill take effect from passage.
On this question,
the yeas were: Beach, Browning, Chafin,
Edgell, D. Facemire, Fanning, Foster, Green, Helmick, Jenkins,
Klempa, Laird, McCabe, Miller, Minard, Palumbo, Plymale, Prezioso,
Snyder, Stollings, Tucker, Unger, Wells, Williams, Wills, Yost and
Kessler (Acting President)--27.
The nays were: Barnes, Boley, K. Facemyer, Hall, Nohe and
Sypolt--6.
Absent: Tomblin (Mr. President)--1.
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. 408) 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. 420,
Clarifying county commissioners must reside in district they
represent.
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, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and
Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
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. 420) 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. 428, Increasing fees charged by clerk of
circuit court for medical professional liability actions.
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, Klempa, Laird, McCabe,
Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and
Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
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. 428) 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. 435, Amending insurance code with respect
to surplus lines insurance.
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, Klempa, Laird, McCabe,
Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and
Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
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. 435) 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, Fanning,
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)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
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. 435) 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. 461, Providing criminal
penalty for violating restraining order entered upon conviction for
stalking or harassment.
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, Klempa, Laird, McCabe,
Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and
Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
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. 461) 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. 472, Relating to portable
electronics insurance.
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, Klempa, Laird, McCabe,
Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and
Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
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. 472) 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. 508, Allowing certain
liquor licensees ability to conduct responsible liquor sampling
events.
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,
Edgell, D. Facemire, K. Facemyer, Foster, Klempa, Laird, McCabe,
Minard, Nohe, Palumbo, Snyder, Sypolt, Williams, Wills, Yost and
Kessler (Acting President)--18.
The nays were: Barnes, Boley, Chafin, Fanning, Green, Hall,
Helmick, Jenkins, Miller, Plymale, Prezioso, Stollings, Tucker,
Unger and Wells--15.
Absent: Tomblin (Mr. President)--1.
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. 508) 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. 510, Relating to
requirements for new facility projects of public agencies and
projects receiving state funds.
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, Klempa, Laird, McCabe,
Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and
Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
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. 510) 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, Fanning,
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)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
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. 510) 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. 516, Requiring state board
establish digital learning program.
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, Klempa, Laird, McCabe,
Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and
Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
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. 516) 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. 530, Clarifying use of certain portion of
revenues of racetracks with lottery table games.
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, Klempa, Laird, McCabe,
Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and
Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
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. 530) 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. 552, Creating crime of
financial exploitation of elderly, protected or incapacitated
person.
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, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and
Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
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. 552) 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. 582, Relating to seals of
notaries and commissioners.
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, Klempa, Laird, McCabe,
Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and
Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
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. 582) 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, Fanning,
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)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
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. 582) 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 House Bill No. 2464, Adding additional
requirements to the Ethics 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, Fanning,
Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe,
Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings,
Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler
(Acting President)--32.
The nays were: Minard--1.
Absent: Tomblin (Mr. President)--1.
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 H. B. No. 2464) passed.
At the request of Senator Palumbo, as chair of the Committee
on the Judiciary, and by unanimous consent, the unreported
Judiciary committee amendment to the title of the bill was
withdrawn.
On motion of Senator Palumbo, the following amendment to the
title of the bill was reported by the Clerk and adopted:
Eng. Com. Sub. for House Bill No. 2464--A Bill
to amend and
reenact §6B-2-6 and §6B-2-7 of the Code of West Virginia, 1931, as
amended; and to amend and reenact §6B-3-2 of said code, all
relating to the Ethics Act generally; requiring public servants and
spouses to disclose additional information on financial disclosure
statements including, with limited exceptions, certain spousal
information; defining a spouse; directing the Ethics Commission to
publish and make available to the public notice of delinquent
filing of financial statements; providing that the Ethics
Commission publish financial statement in certain circumstances and
clarifying existing requirements; and prohibiting certain public
employees and public servants from registering as a lobbyist during
and for a year following state government employment.
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. 2613, Authorizing the
Department of Military Affairs and Public Safety 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: Barnes, Beach,
Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning,
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)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
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 H. B. No. 2613) 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, Klempa, Laird, McCabe,
Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and
Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
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 H. B. No. 2613) 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. 15, Providing one-time bonus to
certain public employee and teacher annuitants.
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. 18, Requiring alcohol awareness
education courses for certain employees of retailers and licensed
private clubs.
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. 245, Relating to
protection of Chesapeake Bay Watershed.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 366, Relating to Underground Storage Tank
Administrative Fund.
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. 444, Relating to protection of
nonfamily or nonhousehold members from violations of personal
safety.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 467, Prohibiting teachers from being assigned
additional duties during planning period without consent.
On second reading, coming up in regular order, was read a
second time.
At the request of Senator Wells, 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 Com. Sub. for Senate Bill No. 488, Revising HIV
testing statute to conform with most recent recommendations from
CDC.
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. 526, Allowing
certain emergency service providers possess Naloxone to administer
in suspected overdoses.
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. 540, Creating Equine Rescue
Facilities Act.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 568, Providing attorney from public defender
office be appointed by judge in certain cases.
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. 592, Requiring schools have
crisis response plans.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 609, Clarifying certain employees of property
management firms are not required to be licensed security guards.
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. 2709, Allowing county school
boards to enter into energy-saving contracts.
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
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. 242, Dedicating portion of coal
severance tax to county of origin.
Senate Bill No. 285, Extending time frame practitioners must
write prescriptions on official tamper-resistant paper.
Com. Sub. for Senate Bill No. 373, Requiring School Building
Authority allocate and expend certain moneys for vocational
programs at comprehensive middle schools.
Com. Sub. for Com. Sub. for Senate Bill No. 447, Relating to
violations of school attendance requirements.
Com. Sub. for Com. Sub. for Senate Bill No. 499, Regulating
zipline and canopy tour operations.
Com. Sub. for Com. Sub. for Senate Bill No. 532, Relating to
fraud and abuse in Medicaid program.
Com. Sub. for Senate Bill No. 544, Relating to municipal policemen's and firemen's pension and relief funds.
Com. Sub. for Senate Bill No. 553, Creating workers'
compensation insurance subsidy program for volunteer fire
departments.
Senate Bill No. 611, Extending discount for EZ Pass
transponders to all other toll roads.
And,
Eng. Com. Sub. for House Bill No. 3145, Providing a one-time
bonus to certain annuitants of the Public Employees Retirement
System and the State Teachers Retirement System.
Pending announcement of meetings of standing committees of the
Senate, including a majority party caucus,
On motion of Senator Unger, the Senate recessed until 6 p.m.
today.
At the expiration of the recess, the Senate reconvened and, at
the request of Senator Unger, unanimous consent being granted,
returned to the fourth order of business.
Senator Miller, from the Joint Committee on Enrolled Bills,
submitted the following report, which was received:
Your Joint Committee on Enrolled Bills has examined, found
truly enrolled, and on the 28th day of February, 2011, presented to
His Excellency, the Governor, for his action, the following bill,
signed by the Acting President of the Senate and the Speaker of the
House of Delegates:
(S. B. No. 382), Specifying activities entitling certain
members of National Guard or reserve to leave of absence.
Respectfully submitted,
Ronald F. Miller,
Chair, Senate Committee.
Meshea L. Poore,
Chair, House Committee.
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. 202 (originating in the
Committee on Health and Human Resources), Creating commission to
develop pilot program to help at-risk youth.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Com. Sub. for Senate Bill No. 202 (originating
in the Committee on Finance)--A Bill
to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §18-33-1, §18-33-2, §18-33-3 and §18-33-4, all relating
to creating a commission to develop a pilot program to help at-risk
youth in West Virginia; creation of commission; composition of the
commission; powers and duties of the commission; outcome
recommendations for pilot program; goals of the pilot program; and
operation of the pilot program.
With the recommendation that the committee substitute for
committee substitute do pass.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
At the request of Senator Unger, unanimous consent being
granted, the bill (Com. Sub. for Com. Sub. for S. B. No. 202)
contained in the preceding report from the Committee on Finance was
taken up for immediate consideration, read a first time and ordered
to second 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: Boley,
Browning, Edgell, D. Facemire, K. Facemyer, Foster, Green, Hall,
Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo,
Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells,
Williams, Wills, Yost and Kessler (Acting President)--28.
The nays were: None.
Absent: Barnes, Beach, Chafin, Fanning, Helmick and Tomblin
(Mr. President
)--6.
The bill was read a second time and ordered to engrossment and
third reading.
Engrossed Committee Substitute for Committee Substitute for
Senate Bill No. 202 was then read a third time and put upon its
passage.
On the passage of the bill,
the yeas were: Beach, Boley,
Browning, Edgell, D. Facemire, K. Facemyer, Foster, Green, Hall,
Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo,
Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--29.
The nays were: None.
Absent: Barnes, Chafin, Fanning, Helmick and Tomblin (Mr.
President)--5.
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. 202) passed with its
title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
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. 268, Establishing driver's license restoration
program.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 268 (originating in the
Committee on Finance)--A Bill
to repeal §17B-3-3c of the Code of
West Virginia, 1931, as amended; and to amend said code by adding
thereto a new section, designated §17B-3-14, relating to motor
vehicle driver's licenses; establishing a driver's license
restoration program; making legislative findings; charging
administrative fees; and granting rule-making authority.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
At the request of Senator Prezioso, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 268) contained in the
preceding report from the Committee on Finance was taken up for
immediate consideration, read a first time and ordered to second
reading.
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. 307 (originating in the
Committee on the Judiciary), Creating Intermediate Court of
Appeals.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Com. Sub. for Senate Bill No. 307 (originating
in the Committee on Finance)--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §51-1B-1, §51-1B-2, §51-1B-3, §51-1B-4, §51-1B-5,
§51-1B-6, §51-1B-7, §51-1B-8, §51-1B-9 and
§51-1B-1
0, all relating
to authorizing a new court to be known as the Intermediate Court of
Appeals; requiring the court to be operational by January 1, 2013;
providing three judges for the court; establishing qualifications
for judges; establishing jurisdiction of the court; providing that
all appeals will be reviewed and a written decision on the merits
issued; providing that all appeals will be filed with Supreme Court of Appeals; providing that Supreme Court will either keep the
appeal or send it to the Intermediate Court; providing that appeals
in certain administrative cases are discretionary; authorizing
appeals from Intermediate Court to the Supreme Court; authorizing
Governor to make initial appointments by July 1, 2012; creating
staggered terms; providing for elections for ten-year terms after
initial appointments; authorizing a chief judge of the Intermediate
Court; authorizing staff for the court and the judges; providing
for compensation and expenses of judges and staff; providing for
temporary assignment of circuit court judges; providing that the
Supreme Court will govern the pleading, practice and procedure of
the Intermediate Court through rules; authorizing the Supreme Court
to provide the facilities, furniture, fixtures and equipment for
the Intermediate Court; providing for electronic filing of all
documents with the Intermediate Court; providing that decisions of
the court have precedential effect; requiring written decision on
the merits; and providing that the budget of the Intermediate Court
will be part of the Supreme Court budget.
With the recommendation that the committee substitute for
committee substitute do pass.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
At the request of Senator Prezioso, unanimous consent being
granted, the bill (Com. Sub. for Com. Sub. for S. B. No. 307)
contained in the preceding report from the Committee on Finance was taken up for immediate consideration, read a first time and ordered
to second reading.
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. 410, Extending alternative-fuel motor vehicle
tax credit.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 410 (originating in the
Committee on Finance)--A Bill to
amend and reenact §11-6D-1,
§11-6D-2, §11-6D-3, §11-6D-4, §11-6D-5, §11-6D-6, §11-6D-7 and
§11-6D-8
of the Code of West Virginia, 1931, as amended; and to
amend said code by adding thereto a new section, designated
§11-6D-9
, all relating to extending the alternative-fuel motor
vehicle tax credit; making additional legislative findings;
providing for tax credits for qualified alternative-fuel vehicles
and refueling infrastructure; establishing the amount of credit
available; establishing the period of time the credit is available;
eliminating the requirement for the credit to be taken over a
three-year period; eliminating some definitions and defining other
terms; requiring the Tax Commissioner to promulgate new rules; and
allowing for the carryover and recapture of the tax credit.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
At the request of Senator Prezioso, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 410) contained in the
preceding report from the Committee on Finance was taken up for
immediate consideration, read a first time and ordered to second
reading.
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. 424 (originating in the
Committee on Energy, Industry and Mining), Creating Natural Gas
Horizontal Well Control Act.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Com. Sub. for Senate Bill No. 424 (originating
in the Committee on the Judiciary)--A Bill
to amend and reenact
§22-6-1 and §22-6-36 of the Code of West Virginia, 1931, as
amended; to amend said code by adding thereto a new article,
designated §22-6A-1, §22-6A-2, §22-6A-3, §22-6A-4, §22-6A-5, §22-
6A-6, §22-6A-7, §22-6A-8, §22-6A-9, §22-6A-10, §22-6A-11, §22-6A-
12, §22-6A-13, §22-6A-14, §22-6A-15, §22-6A-16 and §22-6A-17; to
amend and reenact §22C-8-2 of said code; and to amend and reenact
§22C-9-2 of said code, all relating generally to oil and gas and
oil and gas wells; defining certain new terms and amending existing
definitions of certain terms; requiring notice to coal owners and
lessees of record; creating Natural Gas Horizontal Well Control Act; providing short title; making legislative findings and
declarations of public policy; providing for application and
exemptions of new act and special considerations for karst
formations; defining terms used in said act; specifying powers and
duties of Secretary of Department of Environmental Protection;
incorporating by reference certain sections of existing code
relating to oil and gas wells; requiring horizontal well permits;
requiring application for permit; specifying content of application
and required attachments; requiring posting of bond and payment of
permit fees; permitting waiver of certain requirements under
specified circumstances and for issuance of emergency permits;
providing for suspension and reinstatement of permits; providing
for appeals of certain actions of Secretary of Department of
Environmental Protection; providing for review of permit
applications and for issuance of permits; specifying operator
performance standards; providing for copies of permits to be
furnished to county assessors; requiring certificate of approval
for large impoundment construction; requiring application for
certificate; specifying content of application and required
attachments and payment of fees; providing for revocation or
suspension of certificates; requiring hearing before certificate of
approval is amended, suspended or revoked without consent of
operator; providing for administrative appeals; providing
exceptions for certain farm ponds; authorizing Secretary of
Department of Environmental Protection to propose legislative rules
for consideration by Legislature; providing for permit revocation and bond forfeiture; requiring notice to property owners when
application for well permit is made or application for certificate
of approval of impoundment is filed and providing property owners
with certain rights; requiring promulgation of certain legislative
rules for plugging and abandonment of horizontal wells;
specifying
reclamation requirements; requiring performance bonds; providing
presumptions and rebuttals in water rights civil actions; imposing
certain civil and criminal penalties for certain violations and
offenses; specifying prospective application of act; preempting
local ordinances; and requiring operator to enter into certain road
maintenance agreement with Division of Highways
.
With the recommendation that the committee substitute for
committee substitute do pass.
Respectfully submitted,
Corey Palumbo,
Chair.
At the request of Senator Palumbo, unanimous consent being
granted, the bill (Com. Sub. for Com. Sub. for S. B. No. 424)
contained in the preceding report from the Committee on the
Judiciary was taken up for immediate consideration, read a first
time and ordered to second reading.
Senator Prezioso, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 486, Creating WVU-Tech Revitalization Project.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
At the request of Senator Unger, unanimous consent being
granted, the bill (S. B. No. 486) contained in the preceding report
from the Committee on Finance was taken up for immediate
consideration, read a first time and ordered to second 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: Beach,
Boley, Browning, Edgell, D. Facemire, K. Facemyer, Foster, Green,
Hall, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe,
Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker,
Unger, Wells, Williams, Wills, Yost and Kessler (Acting
President)--29.
The nays were: None.
Absent: Barnes, Chafin, Fanning, Helmick and Tomblin (Mr.
President)--5.
The bill was read a second time and ordered to engrossment and
third reading.
Engrossed Senate Bill No. 486 was then read a third time and
put upon its passage.
On the passage of the bill,
the yeas were: Beach, Boley,
Browning, Edgell, D. Facemire, K. Facemyer, Foster, Green, Hall, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo,
Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells,
Williams, Wills, Yost and Kessler (Acting President)--29.
The nays were: None.
Absent: Barnes, Chafin, Fanning, Helmick and Tomblin (Mr.
President)--5.
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. 486) passed with its title.
Senator Unger moved that the bill take effect from passage.
On this question,
the yeas were: Beach, Boley, Browning,
Edgell, D. Facemire, K. Facemyer, Foster, Green, Hall, Jenkins,
Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells,
Williams, Wills, Yost and Kessler (Acting President)--29.
The nays were: None.
Absent: Barnes, Chafin, Fanning, Helmick and Tomblin (Mr.
President)--5.
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. 486) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
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. 492 (originating in the
Committee on Health and Human Resources), Relating to maximizing
federal funding for state Medicaid program.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Com. Sub. for Senate Bill No. 492 (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 §11-27-38, relating to health care provider taxes;
maximizing federal funding for the state Medicaid program;
increasing the health care provider tax imposed on gross receipts
of providers of certain eligible acute care hospitals contingent
upon federal approval of a Medicaid state plan amendment; defining
terms; providing for the collection and administration of the
increased health care provider tax on certain eligible acute care
hospitals; and providing effective date and expiration date.
With the recommendation that the committee substitute for
committee substitute do pass.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
At the request of Senator Prezioso, unanimous consent being
granted, the bill (Com. Sub. for Com. Sub. for S. B. No. 492)
contained in the preceding report from the Committee on Finance was
taken up for immediate consideration, read a first time and ordered
to second reading.
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. 556, Relating to Water Development Authority
employees.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 556 (originating in the
Committee on Finance)--A Bill
to amend and reenact §22C-1-6 of the
Code of West Virginia, 1931, as amended, relating to authorizing
the appointment of certain individuals to carry out the business of
the Water Development Authority; authorizing the Water Development
Authority to fix the compensation of those certain employees; and
requiring the Water Development Authority to employ all other
employees pursuant to the state civil service system.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
At the request of Senator Prezioso, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 556) contained in the
preceding report from the Committee on Finance was taken up for
immediate consideration, read a first time and ordered to second
reading.
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. 560 (originating in the
Committee on Health and Human Resources), 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 Com. Sub. for Senate Bill No. 560 (originating
in the Committee on the Judiciary)--A Bill
to amend the Code of
West Virginia, 1931, as amended, by adding thereto a new section,
designated §16-29B-20a, relating to the rate-setting model utilized
by the board being exempt from public disclosure; and providing
when the options generated by the computer program are available to
the public.
With the recommendation that the committee substitute for
committee substitute do pass.
Respectfully submitted,
Corey Palumbo,
Chair.
At the request of Senator Palumbo, unanimous consent being
granted, the bill (Com. Sub. for Com. Sub. for S. B. No. 560)
contained in the preceding report from the Committee on the
Judiciary was taken up for immediate consideration, read a first
time and ordered to second reading.
Senator 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. 581, Changing beginning date for early voting;
allowing Saturday early voting.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Corey Palumbo,
Chair.
At the request of Senator Palumbo, unanimous consent being
granted, the bill (S. B. No. 581) contained in the preceding report
from the Committee on the Judiciary was taken up for immediate
consideration, read a first time and ordered to second reading.
Senator 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. 613 (originating in the Committee on the
Judiciary)--A Bill to repeal §3-3-3a of the Code of West Virginia,
1931, as amended; to amend and reenact §3-1-9, §3-1-21, §3-1-31,
§3-1-34, §3-1-35 and §3-1-50 of said code; to amend and reenact §3-
3-1, §3-3-2, §3-3-2b, §3-3-3, §3-3-4, §3-3-5, §3-3-5a, §3-3-5b and
§3-3-6 of said code; to amend and reenact §3-5-7,§3-5-13a, §3-5-21,
§3-5-23 and §3-5-24 of said code; to amend and reenact §3-6-4a of
said code; to amend and reenact §3-8-1a and §3-8-5a of said code;
to amend and reenact §3-9-6 of said code; to amend and reenact §8-
5-14 of said code; and to amend and reenact §59-3-3 of said code,
all relating to the state election code; eliminating obsolete and
outdated language; clarifying that candidates must be a member of political party for sixty days prior to filing; clarifying the
authority for persons to lawfully assist voters; bringing state law
into compliance with federal requirements; clarifying persons
eligible to receive absentee ballots; providing that independent
and unaffiliated voters may receive party ballots if party allows
participation in the primary; requiring all health-related
information provided in connection with absentee voting is
protected under the Health Insurance Portability and Accountability
Act of 1996; waiving certain witness requirements if ballot
provided electronically; clarifying current municipal election
polling hours of operation; authorizing absentee ballot
applications may be completed by handwriting or typing; clarifying
procedures for federal postcard registration and absentee ballot
requests; providing for federal write-in absentee ballots; revising
ballot requirements relating to independent voters; providing that
county clerk will submit ballot information to the Secretary of
State after random drawing for ballot position; providing that
offices filled by voters of more than one county must file
certificate of announcement with the Secretary of State; providing
certificates of announcement of every office to be submitted no
later than the forty-ninth day before the election; providing
definitions; clarifying persons who may be present during election;
and clarifying penalties.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Corey Palumbo,
Chair.
At the request of Senator Palumbo, unanimous consent being
granted, the bill (S. B. No. 613) contained in the preceding report
from the Committee on the Judiciary was taken up for immediate
consideration, read a first time and ordered to second reading.
Senator 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. 614 (originating in the Committee on the
Judiciary)--
A Bill to
amend and reenact §60A-9-5 of the Code of
West Virginia, 1931, as amended, relating to permitting specific
law-enforcement officials who are members of federally affiliated
drug task forces access to certain confidential pharmaceutical
information to identify unusual prescription drug behavior;
requiring the State Board of Pharmacy to issue periodic reports to
certain law-enforcement officials, licensing authorities and
prescribers that identify abnormal prescription practices;
establishing an advisory committee to recommend the parameters of
abnormal prescribing patterns and to recommend other actions that
could reduce the amount of misuse of prescription drugs;
establishing a felony offense for misusing information from the
controlled substance database; requiring the Board of Pharmacy to
implement a real-time database when available and when resources
permit; requiring a report to the Legislative Oversight Commission
on Health and Human Resource Accountability; and granting rule-making authority.
And reports the same back without recommendation as to
passage; but with the further recommendation that it first be
referred to the Committee on Health and Human Resources.
Respectfully submitted,
Corey Palumbo,
Chair.
At the request of Senator Palumbo, unanimous consent being
granted, the bill (S. B. No. 614) contained in the preceding report
from the Committee on the Judiciary was taken up for immediate
consideration, read a first time and ordered to second reading.
On motion of Senator Palumbo, the bill was then referred to
the Committee on Health and Human Resources.
On motion of Senator Unger, a leave of absence for the day was
granted Senator Tomblin (Mr. President).
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Unger, the Senate adjourned until
tomorrow, Tuesday, March 1, 2011, at 11 a.m.
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