sdj-56th day
WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
EIGHTIETH LEGISLATURE
REGULAR SESSION, 2011
FIFTY-SIXTH DAY
____________
Charleston, W. Va., Tuesday, March 8, 2011
The Senate met at 11 a.m.
(Senator Kessler, Acting President, in the Chair.)
Prayer was offered by the Reverend Al Mendez, Goldtown
Community Church, Ripley, West Virginia.
Pending the reading of the Journal of Monday, March 7, 2011,
On motion of Senator Beach, 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.
At the request of Senator Unger, and by unanimous consent, the
provisions of rule number fifty-four of the Rules of the Senate,
relating to persons entitled to the privileges of the floor, were
suspended in order to grant the families of the late Lt. Ronnie D.
Ferrell and the Honorable Donald T. Caruth privileges of the floor
for the day.
The Senate then proceeded to the third order of business.
A message from The Clerk of the House of Delegates announced
that that body had agreed to the appointment of a committee of
conference of three from each house on the disagreeing votes of the two houses, as to
Eng. Com. Sub. for House Bill No. 2464, Adding additional
requirements to the Ethics Act.
The message further announced the appointment of the following
conferees on the part of the House of Delegates:
Delegates Barker, Poore and Lane.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the Senate amendment to, and the
passage as amended, of
Eng. House Bill No. 2708, Removing a twelve-month limitation
for certain agreements between or among law-enforcement agencies.
A message from The Clerk of the House of Delegates announced
that that body had refused to concur in the Senate amendments to,
and requested the Senate to recede therefrom, as to
Eng. Com. Sub. for House Bill No. 2879, Providing a one-time,
nonbase building, supplemental salary increase for all eligible
state employees.
On motion of Senator Unger, the Senate refused to recede from
its amendments to the bill and requested the appointment of a
committee of conference of three from each house on the disagreeing
votes of the two houses.
Whereupon, Senator Kessler (Acting President) appointed the
following conferees on the part of the Senate:
Senators Plymale, Wells, D. Facemire, Edgell and Boley.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption of
House Concurrent Resolution No. 27--Urging the Citizen's Stamp
Advisory Committee of the United States Postal Service to approve
and issue a commemorative postage stamp honoring the achievements
and contributions of the coal miner to the United States.
Referred to the Committee on Government Organization.
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. 138--Reaffirming the sister-
state relationship between the State of West Virginia and Taiwan
Province of the Republic of China and affirming Support of
Meaningful Participation by the Government of the Republic of China
(Taiwan) as an observer in the international Civil Aviation
Organization (ICAO) and the United Nations Framework Convention on
Climate Change (UNFCCC).
At the request of Senator Unger, and by unanimous consent, the
message was taken up for immediate consideration and reference of
the resolution to a committee dispensed with.
The question being on the adoption of the resolution, the same
was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
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. 139--Calling for the Congress
of the United States to offer and support a resolution honoring the
life of Frank Woodruff Buckles, and providing that Mr. Buckles body
be allowed to lie in honor in the United States Capitol rotunda.
At the request of Senator Unger, and by unanimous consent, the
message was taken up for immediate consideration and reference of
the resolution to a committee dispensed with.
The question being on the adoption of the resolution, the same
was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Thereafter, at the request of Senator Snyder, and by unanimous
consent, the remarks by Senator Unger regarding the adoption of
House Concurrent Resolution No. 139 were ordered printed in the
Appendix to the Journal.
Executive Communications
Senator Kessler (Acting President) laid before the Senate the
following communication from His Excellency, the Governor,
regarding annual reports, which communication was received and
filed with the Clerk:
STATE OF WEST VIRGINIA
OFFICE OF THE GOVERNOR
CHARLESTON
March 8, 2011
Senate Executive Message No. 5
The Honorable Jeffrey V. Kessler
Acting President, West Virginia Senate
State Capitol
Charleston, West Virginia
Dear Mr. President:
Pursuant to the provisions of section twenty, article one,
chapter five of the Code of West Virginia, I hereby certify that
the following 2009-2010 annual reports have been received in the
Office of the Governor:
Accountancy, West Virginia Board of (2009 and 2010)
Adjutant General, Office of the, State of West Virginia (West
Virginia National Guard) 2009 and 2010
Architects, West Virginia Board of
Attorney General, Office of the, State of West Virginia
Banking, Division of, West Virginia Department of Revenue
(2009 and 2010)
Barbers and Cosmetologists, West Virginia Board of
Consumer Advocate, Office of the, Office of the Insurance
Commissioner, West Virginia Department of Revenue
Consumer Advocate, Division of the, West Virginia Public
Service Commission
Corrections, Division of, West Virginia Department of Military
Affairs and Public Safety
Counseling, West Virginia Board of
Court of Claims, West Virginia
Court System, West Virginia Supreme Court of Appeals
Crime, Delinquency and Correction, Governor's Committee on,
Community Corrections Act, Division of Criminal Justice Services,
West Virginia Department of Military Affairs and Public Safety
Crime, Delinquency and Correction, Governor's Committee on,
Law Enforcement Training Subcommittee, Division of Criminal Justice
Services, West Virginia Department of Military Affairs and Public
Safety
Dental Examiners, West Virginia Board of
Dieticians, West Virginia Board of Licensed
Economic Development Authority, West Virginia
Education, Board of, West Virginia Department of Education
(2008-2009)
Energy, Division of, West Virginia Department of Commerce
Family Protection Services Board, West Virginia Department of
Health and Human Resources
Farmland Protection Conservation Easements, West Virginia
Agricultural Land Protection Authority
Fire Marshal, State Fire Commission, West Virginia Department
of Military Affairs and Public Safety
Guaranteed Work Force Program, Governor's, West Virginia
Department of Commerce (2009 and 2010)
Health Enhancement and Lifestyle Planning (GOHELP), Governor's
Office of
Housing Development Fund, West Virginia
Insurance Commissioner, Office of the, West Virginia Department of Revenue
Juvenile Services, Division of, West Virginia Department of
Military Affairs and Public Safety
Licensed Practical Nurses, West Virginia State Board of
Examiners for
Logging Sediment Control Act, Division of Forestry, West
Virginia Department of Commerce
Medical Imaging and Radiation Therapy Technology, West
Virginia Board of Examiners for
Medicine, West Virginia Board of, Volumes I, II, and III
Mine Inspectors' Examining Board, West Virginia Office of
Miners' Health, Safety and Training, West Virginia Department of
Commerce
Motor Vehicles, Division of, West Virginia Department of
Transportation
Municipal Bond Commission, West Virginia
National and Community Service, West Virginia Commission for
(Volunteer West Virginia)
Neighborhood Investment Program, West Virginia Development
Office
Nursing Home Administrators Licensing Board, West Virginia
Osteopathy, West Virginia Board of
Parole Board, West Virginia Department of Military Affairs and
Public Safety
Personnel, Division of, West Virginia Department of
Administration
Pharmacy, West Virginia Board of
Physical Therapy, West Virginia Board of
Planning and Development Council, Region VII
Privacy Office, West Virginia Health Care Authority
Professional Engineers, West Virginia State Board of
Registration for
Psychologists, West Virginia Board of Examiners of
Public Defender Services, West Virginia
Real Estate Commission, West Virginia
Registered Professional Nurses, West Virginia Board of
Examiners for (Biennium Report)
Rehabilitation Council, Division of Rehabilitation Services,
West Virginia Department of Education and the Arts
Rehabilitation Services, Division of, West Virginia Department
of Education and the Arts
Risk and Insurance Management, West Virginia Board of
Ron Yost Personal Assistance Services Board, Statewide
Independent Living Council, Division of Rehabilitation Services,
West Virginia Department of Education and the Arts
Senior Services, West Virginia Bureau of
State Police, West Virginia
Transportation Coordinating Council, Division of Public
Transit, West Virginia Department of Transportation
Veterans Affairs, Division of, Department of Military Affairs
and Public Safety
Veterinary Medicine, West Virginia Board of
Water Development Authority, West Virginia
Very truly yours,
Earl Ray Tomblin,
Governor.
Senator Kessler (Acting President) then laid before the Senate
the following communication from His Excellency, the Governor,
submitting the annual probation and parole report, which was
received:
STATE OF WEST VIRGINIA
OFFICE OF THE GOVERNOR
CHARLESTON
March 8, 2011
Senate Executive Message No. 6
The Honorable Jeffrey V. Kessler
Acting President, West Virginia Senate
State Capitol
Charleston, West Virginia
Dear Mr. President:
In accordance with the provisions of Section 11, Article 7 of
the Constitution of the State of West Virginia, and Section 16,
Article 1, Chapter 5 of the Code of West Virginia, I hereby report
that I granted no pardons or reprieves, nor commuted punishment to
any person, nor remitted any fines or penalties during the period
of November 15, 2010 through March 8, 2011.
I further hereby report that, according to the records in the
Office of the Governor, no pardons or reprieves were granted by former Governor Joe Manchin III during the period of February 26,
2010 through November 15, 2010, nor did former Governor Manchin
commute punishment to any person, nor remit any fines or penalties
during said period.
Very truly yours,
Earl Ray Tomblin,
Governor.
\
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 8th day of March, 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. 458), Updating Logging Sediment Control Act.
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
Senate Concurrent Resolution No. 44, Requesting Joint
Committee on Government and Finance study utility services.
And,
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.
And reports the same back with the recommendation that they
each be adopted; but under the original double committee references
first be referred to the Committee on Rules.
Respectfully submitted,
Corey Palumbo,
Chair.
The resolutions, under the original double committee
references, were then referred to the Committee on Rules.
Senator Kessler (Acting President), from the Committee on
Rules, submitted the following report, which was received:
Your Committee on Rules has had under consideration
Senate Concurrent Resolution No. 54, Requesting Joint
Committee on Government and Finance study scope of practice of
health care professions.
Senate Concurrent Resolution No. 57, Requesting Joint
Committee on Government and Finance study implementation of highway
signage program to direct visitors to tourist-oriented businesses.
And,
Senate Concurrent Resolution No. 58, Requesting Joint
Committee on Government and Finance study advisability of
establishing Economic Diversification Permanent Fund using mineral
severance taxes.
And reports the same back with the recommendation that they
each be adopted.
Respectfully submitted,
Jeffrey V. Kessler,
Chair ex officio.
Senator Palumbo, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. Com. Sub. for House Bill No. 2248, Expanding the list of
federal law-enforcement officers who are extended the authority of
state and local law-enforcement officers to enforce the laws of
this state.
And reports the same back with the recommendation that it
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
Eng. House Bill No. 2551, Relating generally to estates and
trusts and their administration.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended; but under the original double committee reference
first be referred to the Committee on Finance.
Respectfully submitted,
Corey Palumbo,
Chair.
At the request of Senator Palumbo, unanimous consent being
granted, the bill (Eng. H. B. No. 2551) contained in the preceding
report from the Committee on the Judiciary was taken up for
immediate consideration, read a first time, ordered to second
reading and, under the original double committee reference, was
then referred to the Committee on Finance, with amendments from the
Committee on the Judiciary pending.
Senator Palumbo, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. Com. Sub. for House Bill No. 2864, All relating to the
creation of a misdemeanor crime of unlawful restraint in the first
and second degree.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Corey Palumbo,
Chair.
Senator Laird, from the Committee on Natural Resources,
submitted the following report, which was received:
Your Committee on Natural Resources has had under
consideration
Eng. Com. Sub. for House Bill No. 2986, Relating to forest
fire seasons.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
William R. Laird IV,
Chair.
At the request of Senator Laird, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 2986) contained in
the preceding report from the Committee on Natural Resources was
taken up for immediate consideration, read a first time and ordered
to second reading.
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
House Concurrent Resolution No. 86, The "PFC Roger Lee Byus
Memorial Bridge".
And reports the same back with the recommendation that it be
adopted.
Respectfully submitted,
Robert D. Beach,
Chair.
The Senate proceeded to the sixth order of business.
Senators Palumbo,
Foster, McCabe, Wells, Chafin,
Browning, Jenkins, Kessler (Acting President), Unger, Fanning, Plymale and
Boley
offered the following resolution:
Senate Concurrent Resolution No. 60--Requesting the Division
of Highways name bridge number 20-60/63-0.11, which crosses the
Kanawha River and connects Interstate 64-eastbound/77-southbound at
Exit 98 with Kanawha City at 35th Street in Charleston, Kanawha
County, West Virginia, commonly known as the 35th Street Interstate
Bridge, the "Kaufman Memorial 35th Street Bridge".
Whereas, The Kaufman Memorial 35th Street Bridge would honor
three Charlestonians, all members of the same family who were born
and raised and lived their entire lives in Charleston not far from
this bridge; and
Whereas, All three Kaufman family members, Paul Joseph Kaufman
(age 60), Rose Jean ("R.J.") Kaufman (age 52) and Steven Miles
Kaufman (age 20), were tragically killed by a drunk driver on
December 28, 1980 in the prime of their lives; and
Whereas, Paul J. Kaufman served as a West Virginia State
Senator from 1960 until 1968 and was widely considered an effective
people-oriented legislator, sponsoring such legislation as the West
Virginia Human Rights Act, tax reform, providing free textbooks to
school children, one person one vote legislative representation,
improved and expanded health care, West Virginia's first pollution
control law, the repeal of capital punishment, repeal of certain
Sunday Blue Laws, sponsorship of the first West Virginia Arts and
Humanities Commission, and support of civil service for all state
government employees; and
Whereas, In 1968, Paul J. Kaufman was defeated in a bid for
Governor of West Virginia, but was subsequently elected as a
delegate to his first of three Democratic National Conventions; and
Whereas, In 1951, Paul J. Kaufman launched the first legal aid
office for the poor in West Virginia on a volunteer basis, which
grew from a small privately financed beginning to publicly financed
legal services offices throughout the state; and
Whereas, In 1969, Paul J. Kaufman organized a regional public
interest, consumer-oriented law firm, the Appalachian Research and
Defense Fund, in Kentucky and West Virginia, which he directed
until 1973, when he resumed the private practice of law in
Charleston; and
Whereas, Paul J. Kaufman was a regionally and nationally
published author, founder of the first Appalachian Land Festival,
and counsel to West Virginia coal miners in 1969, resulting in
passage of the first Black Lung Compensation Law in West Virginia,
and subsequently the Federal Coal Mine Health and Safety Law; and
Whereas, Rose Jean ("R.J.") Kaufman was a strong feminist, a
fierce civil rights advocate of long standing, and a labor
organizer in higher education who also had written articles for
publication; and
Whereas, R.J. Kaufman had a life-long career in the fields of
social work, health and education, and also served on the boards of
a number of charitable and civic organizations, including serving
as an early member of the Women's Health Center Board, becoming an
early proponent of Kanawha-Valley Hospice, and serving as the only Caucasian Board member of the Mattie V. Lee Home at the time of her
death; and
Whereas, Opera and ballet were R.J. Kaufman's favorite
spectator sports; and
Whereas, R.J. and Paul J. Kaufman were married for thirty
years at the time of their untimely deaths; and
Whereas, Steven Miles Kaufman was in the upward trajectory of
his life when he was killed with his parents; and
Whereas, Steven Miles Kaufman, like his beloved parents,
attended elementary school, junior high school, and high school in
the public schools of Kanawha County; and
Whereas, Steven Miles Kaufman was a lanky, tall,
student/athlete, playing basketball, running distances and mountain
climbing at the end of the first semester of his sophomore year
studying premed at Tufts University when he was killed while
visiting at home over the winter break; and
Whereas, Paul Joseph, Rose Jean and Steven Miles Kaufman were
buried along side each other, less than a mile from this bridge and
the hospital where Steven Miles Kaufman was born; and
Whereas, The lives of Paul Joseph, Rose Jean and Steven Miles
Kaufman shall be recognized and honored; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways name bridge number 20-60/63-
0.11, which crosses the Kanawha River and connects Interstate 64-
eastbound/77-southbound at Exit 98 with Kanawha City at 35th Street
in Charleston, Kanawha County, West Virginia, commonly known as the 35th Street Interstate Bridge, the "Kaufman Memorial 35th Street
Bridge"; and, be it
Further Resolved, That the Division of Highways is hereby
requested to have made and be placed signs identifying the bridge
as the "Kaufman Memorial 35th Street Bridge"; and, be it
Further Resolved, That the Clerk of the Senate is hereby
directed to forward a copy of this resolution to the Secretary of
Transportation, the Commissioner of Highways and the family of Paul
Joseph, Rose Jean and Steven Miles Kaufman.
At the request of Senator Unger, and by unanimous consent, the
resolution was taken up for immediate consideration and reference
to a committee dispensed with.
The question being on the adoption of the resolution, the same
was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Thereafter, at the request of Senator McCabe, and by unanimous
consent, the remarks by Senator Palumbo regarding the adoption of
Senate Concurrent Resolution No. 60 were ordered printed in the
Appendix to the Journal.
At the request of Senator Unger, unanimous consent being
granted, the Senate returned to the fourth order of business.
Senator Laird, from the Committee on Natural Resources,
submitted the following report, which was received:
Your Committee on Natural Resources has had under consideration
Senate Concurrent Resolution No. 61 (originating in the
Committee on Natural Resources)--
Requesting the Joint Committee on
Government and Finance study methods for assessing the state's
narrative water quality standards by utilizing the West Virginia
Water Research Institute.
Whereas
, The West Virginia Legislature previously enacted
Chapter 22 Article 11 of the 1931 Code of West Virginia as amended,
the West Virginia Water Pollution Control Act, and in that
enactment declared it to be "the public policy of the State of West
Virginia to maintain reasonable standards of purity and quality of
the water of the state consistent with (1) public health and
enjoyment thereof; (2) the propagation and protection of animal,
bird, fish, aquatic and plant life; and (3) the expansion of
employment opportunities, maintenance and expansion of agriculture
and the provision of a permanent foundation for healthy industrial
development."; and
Whereas
, Such standards have been promulgated by the West
Virginia Department of Environmental Protection and the Legislature
and submitted to and approved by the United States Environmental
Protection Agency pursuant to the federal Clean Water Act; and
Whereas
, These environmental protections and permitting
measures include narrative water quality standards codified at 47
CSR 2-3; and
Whereas
,
The West Virginia Water Research Institute
is
dedicated to the preservation and restoration of the natural environment through research and outreach with industry, government
agencies, academia, and the public; and
Whereas
,
The Institute has been in existence since 1967 and is
the premier water research center in West Virginia and an
international leader. West Virginia Water Research Institute
is a
program within the National Research Center for Coal & Energy
located at West Virginia University; and
Whereas
,
The Legislature desires the West Virginia Water
Research Institute to develop a method to assess the state's
narrative water quality standards and determine whether or not
streams meet the Clean Water Act's designated use requirements
;
therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study methods for assessing the state's narrative
water quality standards by utilizing the West Virginia Water
Research Institute
to conduct a study on aquatic ecosystem
assessment and stream use attainment methods; and, be it
Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 2012, on
its findings, conclusions and recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this
study, to prepare a report and to draft necessary legislation be
paid from legislative appropriations to the Joint Committee on
Government and Finance.
And reports the same back with the recommendation that it be adopted.
Respectfully submitted,
William R. Laird IV,
Chair.
At the request of Senator Laird, unanimous consent being
granted, the resolution contained in the preceding report from the
Committee on Natural Resources was taken up for immediate
consideration.
On motion of Senator Laird, the bill was then referred to the
Committee on Rules.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 55, Requesting DOH name State
Route 35 from mouth of Sweetwater Branch to Gourd Branch, in Wayne
County, "Perry Brothers Memorial Highway".
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on
Transportation and Infrastructure.
Senate Concurrent Resolution No. 56, Requesting DOH name State
Route 35 from State Route 152 at Missouri Branch to Tank Hollow, in
Wayne County, "Crum Brothers Memorial Highway".
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on
Transportation and Infrastructure.
Senate Resolution No. 47, Supporting legislation by Senator
Rockefeller and Senator Manchin restricting power of United States
Environmental Protection Agency.
On unfinished business, coming up in regular order, was
reported by the Clerk.
The question being on the adoption of the resolution, the same
was put and prevailed.
House Concurrent Resolution No. 14, The "Senator Don Caruth
Memorial Road".
On unfinished business, coming up in regular order, was
reported by the Clerk.
The question being on the adoption of the resolution, and on
this question, Senator Unger demanded the yeas and nays.
The roll being taken,
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 those present and voting having voted in the
affirmative, the Acting President declared the resolution (H. C. R.
No. 14) adopted.
Ordered, That the Clerk communicate to the House of Delegates
the action of the Senate.
House Concurrent Resolution No. 77, The "SP5 Lloyd 'Buddy'
Greene Jr. Memorial Bridge".
On unfinished business, coming up in regular order, was reported by the Clerk.
The question being on the adoption of the resolution, the same
was put and prevailed.
Ordered, That the Clerk communicate to the House of Delegates
the action of the Senate.
House Concurrent Resolution No. 103, The "Lt. Ronnie D.
Ferrell Memorial Bridge".
On unfinished business, coming up in regular order, was
reported by the Clerk.
The question being on the adoption of the resolution, and on
this question, Senator Unger demanded the yeas and nays.
The roll being taken,
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 those present and voting having voted in the
affirmative, the Acting President declared the resolution (H. C. R.
No. 103) adopted.
Ordered, That the Clerk communicate to the House of Delegates
the action of the Senate.
The Senate proceeded to the eighth order of business.
Eng. Com. Sub. for House Bill No. 2438, Bringing older contradicting language still remaining in the code into conformity
with §3-2-5 and reestablishing a definition for "independent
voter".
On third reading, coming up in regular order, was reported by
the Clerk.
On motion of Senator Palumbo, the Senate reconsidered the vote
by which on yesterday, Monday, March 7, 2011, it adopted Senator
Palumbo's amendment to the bill (shown in the Senate Journal of
that day, pages 32 to 40, inclusive).
The vote thereon having been reconsidered,
The question again being on the adoption of Senator Palumbo's
amendment to the bill.
On motion of Senator Palumbo, the following amendment to
Senator Palumbo's amendment to the bill was reported by the Clerk
and adopted:
On page eleven, section nine, subdivision (15), by striking
out all of paragraph (P) and inserting in lieu thereof a new
paragraph (P), to read as follows:
(P) For electronic voting systems that utilize a screen upon
which votes may be recorded by means of a stylus of by means of
touch,
The question now being on the adoption of Senator Palumbo's
amendment to the bill, as amended, the same was put and prevailed.
Having been engrossed, the bill (Eng. Com. Sub. for H. B. No.
2438), as just amended, 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. 2438) 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. 2438--A Bill
to amend and
reenact §3-1-2 of the Code of West Virginia, 1931, as amended; and
to amend and reenact §3-4A-9 and §3-4A-20 of said code, all
relating to independent voters; defining independent voters;
reforming conflicts in voting procedures; and making technical
corrections throughout
.
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. 2479, Relating to dental
anesthesia.
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. 2479) 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 House Bill No. 2522, Relating to nursing
home administrative appeals.
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. 2522) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Eng. Com. Sub. for House Bill No. 2525, Relating to the
practice of social work.
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. 2525) 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. 2525) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Com. Sub. for House Bill No. 2532, Zipline Responsibility
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, 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. 2532) passed.
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. 2532--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.
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. 2586, Authorizing the
Department of Transportation to promulgate legislative rules.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill,
the yeas were: 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. 2586) 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. 2586) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Eng. Com. Sub. for House Bill No. 2626, Authorizing the
Department of Commerce 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. 2626) 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. 2626) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. House Bill No. 2648, Increasing the faculty senate
allotment for classroom teachers and librarians.
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. H. B. No. 2648) 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. H. B. No. 2648) takes effect July 1, 2011.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Eng. House Bill No. 2697, Updating the recordkeeping
requirements of 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. H. B. No. 2697) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Eng. Com. Sub. for House Bill No. 2750, Adding consideration
of sexual assault in issuing an order to temporarily or permanently
end a parent-child relationship.
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, 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: Helmick 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 H. B. No. 2750) passed.
The following amendment to the title of the bill, from the
Committee on the Judiciary, was reported by the Clerk and adopted:
Eng. Com. Sub. for House Bill No. 2750--A Bill
to amend and
reenact §49-6-3 and §49-6-5 of the Code of West Virginia, 1931, as
amended, all relating to making the commission of sexual assault or
sexual abuse against certain persons a basis for denying someone
temporary or permanent custody of a minor child or children.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. House Bill No. 2765, Relating to the retirement plans
administered by the West Virginia Consolidated Public Retirement
Board.
On third reading, coming up in regular order, was read a third
time.
Pending discussion,
At the request of Senator Barnes, unanimous consent being
granted, further consideration of the bill was deferred until the
conclusion of bills on today's second reading calendar.
Eng. Com. Sub. for House Bill No. 2766, Relating to
contribution rate for the Deputy Sheriff Retirement System.
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, 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: Helmick 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 H. B. No. 2766) 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, 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: Helmick 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 H. B. No. 2766) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Eng. House Bill No. 2871, Relating to brownfield economic development districts.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
Prior to the call of the roll, Senator Snyder moved to be
excused from voting on any matter pertaining to the bill under rule
number forty-three of the Rules of the Senate, which motion
prevailed.
On the passage of the bill, the yeas were: Barnes, Beach,
Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning,
Foster, Green, Hall, Jenkins, Klempa, Laird, McCabe, Miller,
Minard, Nohe, Palumbo, Plymale, Prezioso, Stollings, Sypolt,
Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting
President)--31.
The nays were: None.
Absent: Helmick and Tomblin (Mr. President)--2.
Excused from voting: Snyder--1.
So, a majority of all the members present and voting having
voted in the affirmative, the Acting President declared the bill
(Eng. H. B. No. 2871) 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, Jenkins, Klempa, Laird, McCabe, Miller,
Minard, Nohe, Palumbo, Plymale, Prezioso, Stollings, Sypolt,
Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting
President)--31.
The nays were: None.
Absent: Helmick and Tomblin (Mr. President)--2.
Excused from voting: Snyder--1.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the Acting President declared the bill
(Eng. H. B. No. 2871) 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. House Bill No. 2935, Repealing an outdated article of
election code relating to 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, Fanning,
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)--32.
The nays were: None.
Absent: Helmick 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. H. B. No. 2935) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Eng. Com. Sub. for House Bill No. 2939, Clarifying the definition of compensation for purposes of calculating required
contributions to the public employees retirement system.
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, 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: Helmick 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 H. B. No. 2939) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Eng. House Bill No. 2989, Creating a process by which the West
Virginia Racing Commission may grant stay requests.
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, 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: Helmick 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. H. B. No. 2989) passed.
The following amendment to the title of the bill, from the
Committee on the Judiciary, was reported by the Clerk and adopted:
Eng. House Bill No. 2989--A Bill to amend and reenact §19-23-
16 of the Code of West Virginia, 1931, as amended, relating to
addressing appeals from decisions of stewards or judges generally;
adding references to suspensions or revocations made by judges;
providing a process for seeking a stay pending appeal and authority
for granting such a request; providing that hearing examiners
appointed by the Racing Commission may hear appeals; creating
requirements for hearing examiner recommended decision; and
providing options for the Racing Commission following a hearing
examiner recommended decision.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. House Bill No. 2990, Changing the renewal of Racing
Commission-issued occupational permits.
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, 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: Helmick 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. H. B. No. 2990) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Eng. Com. Sub. for House Bill No. 3064, Finding and declaring
certain claims against the state and its agencies to be moral
obligations of the state.
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, 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: Helmick 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 H. B. No. 3064) 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, 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: Helmick 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 H. B. No. 3064) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. House Bill No. 3114, Allowing the development and
operation of a nursing home on the grounds of a critical access
hospital meeting certain restrictions.
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, 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: Helmick 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. H. B. No. 3114) 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, 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: Helmick 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. H. B. No. 3114) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Eng. Com. Sub. for House Bill No. 3205, Reducing jail sentence
for successful completion of education and rehabilitation programs.
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, 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: Helmick 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 H. B. No. 3205) passed.
The following amendment to the title of the bill, from the
Committee on the Judiciary, was reported by the Clerk and adopted:
Eng. Com. Sub. for House Bill No. 3205--A Bill to amend and
reenact §31-20-5d of the Code of West Virginia, 1931, as amended,
relating to providing persons convicted of a criminal offense and
sentenced to confinement in a regional jail a reduction in sentence
for successful completion of education and rehabilitation programs;
increasing the time permitted by a sentence reduction from one day
to five days per program; adding an alcohol abuse program to the
programs offered; increasing the total time permitted by sentence
reduction to thirty days; and establishing an enrollment fee for
each program.
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, 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: Helmick 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 H. B. No. 3205) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Unger, the Senate recessed until 6 p.m.
today.
Upon expiration of the recess, the Senate reconvened and
proceeded to the ninth order of business.
Senate Bill No. 617, Making supplementary appropriation of
federal funds to Department of Education and Arts and DHHR.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 618, Making appropriation from State Road Fund
to DOT.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 619, Making supplementary appropriation of
unappropriated moneys to various accounts.
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. 2520, Relating to centers
for housing young adult offenders.
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
Eng. Com. Sub. for House Bill No. 2555, Establishing the
offense of operating a motor vehicle while sending, reading or
receiving a text message.
On second reading, coming up in regular order, was read a
second time.
At the request of Senator Palumbo, unanimous consent being
granted, the bill was advanced to third reading with the unreported
Judiciary committee amendment pending and the right for further
amendments to be considered on that reading.
Eng. Com. Sub. for House Bill No. 2818, Increasing the
allowable expense that may be paid for the clean-up of real
property damage by a meth lab.
On second reading, coming up in regular order, was read a
second time.
The following amendment to the bill, from the Committee on the
Judiciary, was reported by the Clerk and adopted:
By striking out everything after the enacting section and
inserting in lieu thereof the following:
ARTICLE 2A. COMPENSATION AWARDS TO VICTIMS OF CRIMES.
§14-2A-3. Definitions.
As used in this article, the term:
(a) "Claimant" means any of the following persons, whether residents or nonresidents of this state, who claim an award of
compensation under this article:
(1) A victim, except the term "victim" does not include a
nonresident of this state where the criminally injurious act did
not occur in this state;
(2) A dependent, spouse or minor child of a deceased victim
or, in the event that the if the deceased victim is a minor, the
parents, legal guardians and siblings of the victim;
(3) A third person, other than a collateral source, who
legally assumes or voluntarily pays the obligations of a victim or
of a dependent of a victim which a victim's dependent when the
obligations are incurred as a result of the criminally injurious
conduct that is the subject of the claim;
(4) A person who is authorized to act on behalf of a victim,
dependent or a third person who is not a collateral source
including, but not limited to, assignees, persons holding power of
attorney or other persons others who hold authority to make or
submit claims in place of or on behalf of a victim, a dependent or
third person who is not a collateral source and in the event that
if the victim, dependent or third person who is not a collateral
source is a minor or other legally incompetent person, the their
duly qualified fiduciary; of the minor;
(5) A person who is a secondary victim in need of mental
health counseling due to the person's exposure to the crime
committed An award to a secondary victim whose award may not exceed
$1,000; and
(6) A person who owns real property damaged by the operation
of a methamphetamine laboratory without the knowledge or consent of
the owner of the real property.
(b) "Collateral source" means a source of benefits or
advantages for economic loss otherwise compensable that the victim
or claimant has received or that is readily available to him or her
from any of the following sources:
(1) The offender, including any restitution received from the
offender pursuant to an order by a court of law sentencing the
offender or placing him or her on probation following a conviction
in a criminal case arising from the criminally injurious act for
which a claim for compensation is made;
(2) The government of the United States or any of its
agencies, a state or any of its political subdivisions or an
instrumentality of two or more states;
(3) Social Security, Medicare and Medicaid;
(4) State-required, temporary, nonoccupational disability
insurance or other disability insurance;
(5) Workers' compensation;
(6) Wage continuation programs of any an employer;
(7) Proceeds of a contract of insurance payable to the victim
or claimant for loss that was sustained because of the criminally
injurious conduct;
(8) A contract providing prepaid hospital and other health
care services or benefits for disability; and
(9) That portion of the proceeds of all contracts of insurance payable to the claimant on account of the death of the victim which
exceeds $25,000.
(c) "Criminally injurious conduct" means conduct that occurs
or is attempted in this state, or in any state not having a victim
compensation program, which by its nature poses a substantial
threat of personal injury or death and is punishable by fine, or
imprisonment or death or would be so punishable but for the fact
that the person engaging in the conduct lacked capacity a finding
by a court of competent jurisdiction that the person committing the
crime lacked capacity. Criminally injurious conduct also includes
criminally injurious conduct committed outside of the United States
against a resident of this state. Criminally injurious conduct
does not include conduct arising out of the ownership, maintenance
or use of a motor vehicle except when unless the person engaging in
the conduct intended to cause personal injury or death or when the
person engaging in the conduct committed negligent homicide,
driving under the influence of alcohol, controlled substances or
drugs, reckless driving or when the person leaves leaving the scene
of the accident or reckless driving.
(d) "Dependent" means an individual who received over half of
his or her support from the victim. For the purpose of determining
whether an individual received over half of his or her support from
the victim, making this determination there shall be taken into
account the amount of support received from the victim as compared
to the entire amount of support which the individual received from
all sources including support which the individual himself or herself supplied. self-support. The term "support" includes, but
is not limited to, food, shelter, clothing, medical and dental care
and education. The term "dependent" includes a child of the victim
born after his or her death.
(e) "Economic loss" means economic detriment consisting only
of allowable expense, work loss and replacement services loss. If
criminally injurious conduct causes death, economic loss includes
a dependent's economic loss and a dependent's replacement services
loss. Noneconomic detriment is not economic loss, however,
economic loss may be caused by pain and suffering or physical
impairment. For purposes of this article, the term "economic loss"
includes a lost scholarship as defined in this section.
(f) (1) "Allowable expense" means reasonable charges incurred
or to be incurred for reasonably needed products, services and
accommodations, including those for medical care, mental health
counseling, prosthetic devices, eye glasses, dentures,
rehabilitation and other remedial treatment and care.
(f) "Allowable expense" includes the following:
(1) Reasonable charges incurred or to be incurred for
reasonably needed products, services and accommodations including
those for medical care, mental health counseling, prosthetic
devices, eye glasses, dentures, rehabilitation and other remedial
treatment and care but does not include that portion of a charge
for a room in a hospital, clinic, convalescent home, nursing home
or other institution engaged in providing nursing care and related
services which is in excess of a reasonable and customary charge for semiprivate accommodations unless accommodations other than
semiprivate accommodations are medically required;
(2) Allowable expense includes A total charge not in excess of
$7,000 $10,000 for expenses in any way related to funerals,
cremations and burials; It does not include that portion of a
charge for a room in a hospital, clinic, convalescent home, nursing
home or any other institution engaged in providing nursing care and
related services in excess of a reasonable and customary charge for
semiprivate accommodations unless accommodations other than
semiprivate accommodations are medically required.
(3) Allowable expense also includes:
(A) (3) A charge, not to exceed five thousand dollars $10000,
for cleanup of real property damaged by a methamphetamine
laboratory or a charge not to exceed $1000 for any other crime
scene cleanup;
(B) (4) Victim relocation costs not to exceed $2000;
(C) (5) Reasonable travel expenses not to exceed $1000 for a
claimant to attend court proceedings that are conducted for the
prosecution of the offender;
(D) (6) Reasonable travel expenses for a claimant to return a
person who is a minor or incapacitated adult who has been
unlawfully removed from this state to another state or country if
the removal constitutes a crime under the laws of this state
Reasonable travel expenses to another state for that purpose may
not exceed $2,000 and reasonable travel expenses for that purpose
to another county may not exceed $3,000; and which may not exceed $2,000 for expenses to another state or $3,000 to another country;
and
(E) (7) Reasonable travel expenses for the transportation of
a victim to and from a medical facility.
(g) "Work loss" means loss of income from work that the
injured person would have performed if he or she had not been
injured and expenses reasonably incurred or to be incurred by him
or her to obtain services in lieu of those he or she would have
performed for income. "Work loss" is reduced by any income from
substitute work actually performed or to be performed by him or her
or by income he or she would have earned in available appropriate
substitute work that he or she was capable of performing but
unreasonably failed to undertake. "Work loss" also includes loss
of income from work by the parent or legal guardian of a minor
victim who must miss work to take care of the minor victim.
(h) "Replacement services loss" means expenses reasonably
incurred or to be incurred in obtaining ordinary and necessary
services in lieu of those the injured person would have performed
not for income but for the benefit of himself or herself or his or
her family if he or she had not been injured. "Replacement
services loss" does not include services an injured person would
have performed to generate income.
(i) "Dependent's economic loss" means loss after a victim's
death of contributions or things of economic value to his or her
dependents not including but does not include services they would
have received from the victim if he or she had not suffered the fatal injury. less expenses of the dependents avoided by reason of
the victim's death. This amount is reduced by expenses avoided by
the dependent due to the victim's death.
(j) "Dependent's replacement service loss" means loss
reasonably incurred or to be incurred by dependents after a
victim's death in obtaining ordinary and necessary services in lieu
of those the victim would have performed for their benefit if he or
she had not suffered the fatal injury. less expenses of the
dependents avoided by reason of the victim's death and not This
amount is reduced by expenses avoided due to the victim's death but
which are not already subtracted in calculating a dependent's
economic loss.
(k) "Victim" means the following:
(1) A person who suffers personal injury or death as a result
of any one of the following:
(1) (A) Criminally injurious conduct;
(2) (B) The good faith effort of the person to prevent
criminally injurious conduct; or
(3) (C) The good faith effort of the person to apprehend a
person that the injured person has observed engaging in criminally
injurious conduct or who the injured person has reasonable cause to
believe has engaged in criminally injurious conduct immediately
prior to the attempted apprehension. "Victim" includes the owner
of real property damaged by the operation of a methamphetamine
laboratory.
(2) The owner of real property damaged by the operation of a methamphetamine laboratory which operation was without his or her
knowledge or consent.
(l) "Contributory misconduct" means any conduct of the
claimant or of the victim through whom the claimant claims an award
that is unlawful or intentionally tortious and that, without regard
to the conduct's proximity in time or space to the criminally
injurious conduct, has a causal relationship to the criminally
injurious conduct that is the basis of the claim and shall also
include includes the voluntary intoxication of the claimant, either
by the consumption of alcohol or the use of any controlled
substance, when the intoxication has a causal connection or
relationship to the injury sustained.
(m) "Lost scholarship" means a scholarship, academic award,
stipend or other monetary scholastic assistance which had been
awarded or conferred upon a victim in conjunction with a post-
secondary school educational program and which the victim is unable
to receive or use, in whole or in part, due to injuries received
from criminally injurious conduct.
The bill (Eng. Com. Sub. for H. B. No. 2818), as amended, was
then ordered to third reading.
Eng. Com. Sub. for House Bill No. 2876, Expanding eligibility
for subsidies to enrollees in the model health plan.
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
Eng. House Bill No. 2971, Relating to the definition of the
term "durable medical equipment".
On second reading, coming up in regular order, was read a
second time.
At the request of Senator Stollings, and by unanimous consent,
the bill was advanced to third reading with the right for
amendments to be considered on that reading.
The end of today's second reading calendar having been
reached, the Senate returned to the consideration of
Eng. House Bill No. 2765, Relating to the retirement plans
administered by the West Virginia Consolidated Public Retirement
Board.
Having been read a third time in earlier proceedings today,
and now coming up in deferred order, was again reported by the
Clerk.
The question being "Shall Engrossed House Bill No. 2765 pass?"
On the passage of the bill, the yeas were: Beach, Boley,
Browning, D. Facemire, K. Facemyer, Fanning, 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)--29.
The nays were: None.
Absent: Barnes, Chafin, Edgell, Green 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. H. B. No. 2765) passed with its title.
Senator Unger moved that the bill take effect from passage.
On this question, the yeas were: Beach, Boley, Browning, D.
Facemire, K. Facemyer, Fanning, 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)--29.
The nays were: None.
Absent: Barnes, Chafin, Edgell, Green 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. H. B. No. 2765) 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 tenth order of business.
The following bills on first reading, coming up in regular
order, were each read a first time and ordered to second reading:
Eng. Com. Sub. for House Bill No. 2550, Interstate Compact on
Educational Opportunity for Military Children.
Eng. Com. Sub. for House Bill No. 2757, Providing for
evaluation of professional personnel in the public schools.
Eng. Com. Sub. for House Bill No. 2863, Providing for the
costs of disability physical and/or mental examinations approved by
the Consolidated Public Retirement Board under the West Virginia
State Police plan.
Eng. Com. Sub. for House Bill No. 2946, Requiring the issuance
of a lawful prescription for dispensing drug products containing chemical precursors of methamphetamine.
Eng. House Bill No. 3075, Increasing the time period in the
hold-harmless provision when distributing state aid to local health
departments.
And,
Eng. Com. Sub. for House Bill No. 3094, Requiring the
Secretary of the Department of Health and Human Services to use
existing department funds to develop a program to compensate
employees for personal property loss.
At the request of Senator Unger, and by unanimous consent, the
Senate returned to the fourth order of business.
Senator Plymale, from the Committee on Education, submitted
the following report, which was received:
Your Committee on Education has had under consideration
Senate Concurrent Resolution No. 36, Requesting Joint
Committee on Government and Finance study educational and
communication barriers facing children deaf or hard of hearing.
And reports the same back with the recommendation that it be
adopted; but under the original double committee reference first be
referred to the Committee on Rules.
Respectfully submitted,
Robert H. Plymale,
Chair.
The resolution, under the original double committee reference,
was then referred to the Committee on Rules.
Senator Beach, from the Committee on Transportation and Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had
under consideration
Senate Concurrent Resolution No. 53, Requesting DOH name
bridge number 30-3/5-3.01, in Mingo County, "Brittany Nicole Dentro
Memorial Bridge".
And reports the same back with the recommendation that it be
adopted.
Respectfully submitted,
Robert D. Beach,
Chair.
Senator Snyder, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
Eng. Com. Sub. for House Bill No. 2208, Providing for actual
costs to be paid for municipal audits and reducing the cap on
audits for Class IV municipalities.
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,
Herb Snyder,
Chair.
At the request of Senator Snyder, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 2208) contained in the preceding report from the Committee on Government Organization
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 Snyder, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
Eng. House Bill No. 2345, Changing the membership of the PEIA
Financial Board.
And reports the same back with the recommendation that it do
pass; but under the original double committee reference first be
referred to the Committee on Finance.
Respectfully submitted,
Herb Snyder,
Chair.
At the request of Senator Prezioso, as chair of the Committee
on Finance, unanimous consent was granted to dispense with the
second committee reference of the bill contained in the foregoing
report from the Committee on Government Organization.
At the request of Senator Snyder, and by unanimous consent,
the bill (Eng. H. B. No. 2345) 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
Eng. Com. Sub. for House Bill No. 2451, Relating to victim
impact statements.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Corey Palumbo,
Chair.
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
Eng. Com. Sub. for House Bill No. 2498, Relating to the
practice of dentistry.
And reports the same back with the recommendation that it do
pass; but under the original double committee reference first be
referred to the Committee on Government Organization.
Respectfully submitted,
Ron Stollings
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 Health and Human Resources.
At the request of Senator Stollings, and by unanimous consent,
the bill (Eng. Com. Sub. for H. B. No. 2498) 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
Eng. Com. Sub. for House Bill No. 2500, Relating to school
personnel.
And has amended same.
And,
Eng. Com. Sub. for House Bill No. 2889, Creating the "Jason
Flatt Act of 2011."
And has amended same.
And reports the same back with the recommendation that they
each do pass, as amended; but under the original double committee
references first be referred to the Committee on Finance.
Respectfully submitted,
Robert H. Plymale,
Chair.
At the request of Senator Plymale, unanimous consent being
granted, one of the bills (Eng. Com. Sub. for H. B. No. 2500)
contained in the preceding report from the Committee on Education
was taken up for immediate consideration, read a first time,
ordered to second reading and, under the original double committee
reference, was then referred to the Committee on Finance, with
amendments from the Committee on Education pending.
Engrossed Committee Substitute for House Bill No. 2889, under the original double committee reference, was then referred to the
Committee on Finance, with amendments from the Committee on
Education pending.
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
Eng. Com. Sub. for House Bill No. 2513, Relating to the
practice of pharmacy.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended; but under the original double committee reference
first be referred to the Committee on Government Organization.
Respectfully submitted,
Ron Stollings,
Chair.
At the request of Senator Stollings, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 2513) contained in
the preceding report from the Committee on Health and Human
Resources 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
Government Organization, with amendments from the Committee on
Health and Human Resources pending.
Senator Palumbo, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. Com. Sub. for House Bill No. 2539, Authorizing the West
Virginia State Police to enter into agreements for certain forensic
services with the Marshall University Forensic Science Center.
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,
Corey Palumbo,
Chair.
At the request of Senator Prezioso, as chair of the Committee
on Finance, unanimous consent was granted to dispense with the
second committee reference of the bill contained in the foregoing
report from the Committee on the Judiciary.
Senator Snyder, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
Eng. Com. Sub. for House Bill No. 2663, Relating to public
service commissioners presiding at hearings.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended; but under the original double committee reference
first be referred to the Committee on the Judiciary.
Respectfully submitted,
Herb Snyder,
Chair.
At the request of Senator Palumbo, as chair of the Committee
on the Judiciary, unanimous consent was granted to dispense with
the second committee reference of the bill contained in the
foregoing report from the Committee on Government Organization.
At the request of Senator Snyder, and by unanimous consent,
the bill (Eng. Com. Sub. for H. B. No. 2663) 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
Eng. Com. Sub. for House Bill No. 2745, Providing that certain
information provided by insurance companies to the Insurance
Commissioner is confidential.
And has amended same.
Now on second reading, having been read a first time and
referred to the Committee on the Judiciary on March 4, 2011;
And reports the same back with the recommendation that it do
pass, as amended.
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
Eng. Com. Sub. for House Bill No. 2752, Increasing the maximum
age for persons applying for appointment for the police force in a
Class I or Class II city from thirty-five to forty years.
And has amended same.
Now on second reading, having been read a first time and
referred to the Committee on the Judiciary on March 3, 2011;
And reports the same back with the recommendation that it do
pass, as amended.
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
Eng. Com. Sub. for House Bill No. 2860, Authorizing the
promulgation of rules by the Governor's Committee on Crime,
Delinquency and Correction.
And has amended same.
Now on second reading, having been read a first time and
referred to the Committee on the Judiciary on March 4, 2011;
And reports the same back with the recommendation that it do
pass, as amended.
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
Eng. Com. Sub. for House Bill No. 2885, Allowing a guardian or
conservator to be employed or in an employment contract with a
behavioral health provider.
Now on second reading, having been read a first time and
referred to the Committee on the Judiciary on March 4, 2011;
And reports the same back with the recommendation that it 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
Eng. Com. Sub. for House Bill No. 2888, Strengthening of
protections for whistleblowers of unsafe working conditions in
mines.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
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
Eng. House Bill No. 2918, Relating to permanent business
registrations.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
Senator Snyder, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
Eng. Com. Sub. for House Bill No. 2936, Changing the date of
the canvassing of votes in a primary election.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended; but under the original double committee reference
first be referred to the Committee on the Judiciary.
Respectfully submitted,
Herb Snyder,
Chair.
At the request of Senator Palumbo, as chair of the Committee
on the Judiciary, unanimous consent was granted to dispense with
the second committee reference of the bill contained in the
foregoing report from the Committee on Government Organization.
At the request of Senator Snyder, and by unanimous consent, the bill (Eng. Com. Sub. for H. B. No. 2936) 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
Eng. Com. Sub. for House Bill No. 2949, Providing definitions
of "low income" for purposes of property tax relief programs.
Now on second reading, having been read a first time and
referred to the Committee on Finance on March 3, 2011;
And reports the same back with the recommendation that it 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
Eng. Com. Sub. for House Bill No. 2953, Relating to dedication
of coalbed methane severance tax proceeds.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
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
Eng. House Bill No. 2993, Relating to the West Virginia
Commercial Patents Incentives Tax Act.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
Senator Plymale, from the Committee on Education, submitted
the following report, which was received:
Your Committee on Education has had under consideration
Eng. Com. Sub. for House Bill No. 3034, Recognizing
outstanding students who are top achievers in scholastic studies.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Robert H. Plymale,
Chair.
At the request of Senator Plymale, unanimous consent being
granted, the bill (
Eng. Com. Sub. for H. B. No. 3034) 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
Eng. Com. Sub. for House Bill No. 3054, Relating to DNA data
collection.
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,
Corey Palumbo,
Chair.
At the request of Senator Prezioso, as chair of the Committee
on Finance, unanimous consent was granted to dispense with the
second committee reference of the bill contained in the foregoing
report from the Committee on the Judiciary.
Senator Palumbo, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. Com. Sub. for House Bill No. 3105, Providing immunity
from civil or criminal liability for first responders who use
forced entry to a residence.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Corey Palumbo,
Chair.
Senator Snyder, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
Eng. House Bill No. 3119, Increasing the expenditure limit on
public service district construction and purchase contracts.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Herb Snyder,
Chair.
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
Eng. Com. Sub. for House Bill No. 3126, Requiring a railroad
company to provide pesticide safety information.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Robert D. Beach,
Chair.
At the request of Senator Beach, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 3126) contained in
the preceding report from the Committee on Transportation and
Infrastructure 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
Eng. House Bill No. 3134, Relating to child support
enforcement.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
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
Eng. House Bill No. 3137, Providing for additional
circumstances giving rise to "state 'on' indicators" for purposes
of extended unemployment compensation.
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,
Corey Palumbo,
Chair.
At the request of Senator Prezioso, as chair of the Committee
on Finance, unanimous consent was granted to dispense with the
second committee reference of the bill contained in the foregoing
report from the Committee on the Judiciary.
Senator Prezioso, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Eng. Com. Sub. for House Bill No. 3163, Relating to workers'
compensation programs of state government entities.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
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
Eng. Com. Sub. for House Bill No. 3196, Establishing a program
and procedure for certifying medications assistive persons in the
health industry.
And reports the same back with the recommendation that it do
pass; but under the original double committee reference first be
referred to the Committee on the Judiciary.
Respectfully submitted,
Ron Stollings,
Chair.
At the request of Senator Palumbo, as chair of the Committee
on the Judiciary, unanimous consent was granted to dispense with
the second committee reference of the bill contained in the
foregoing report from the Committee on Health and Human Resources.
At the request of Senator Stollings, and by unanimous consent,
the bill (Eng. Com. Sub. for H. B. No. 3196) was taken up for
immediate consideration, read a first time and ordered to second
reading.
Senator Snyder, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
Eng. Com. Sub. for House Bill No. 3204, Creating the West
Virginia Enterprise Resource Planning Board and Executive
Committee.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended; but under the original double committee reference
first be referred to the Committee on Finance.
Respectfully submitted,
Herb Snyder,
Chair.
At the request of Senator Prezioso, as chair of the Committee on Finance, unanimous consent was granted to dispense with the
second committee reference of the bill contained in the foregoing
report from the Committee on Government Organization.
At the request of Senator Snyder, and by unanimous consent,
the bill (Eng. Com. Sub. for H. B. No. 3204) 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
Eng. Com. Sub. for House Bill No. 3225, Expanding the
definition of harassment, intimidation or bullying.
And reports the same back with the recommendation that it do
pass; but under the original double committee reference first be
referred to the Committee on the Judiciary.
Respectfully submitted,
Robert H. Plymale,
Chair.
At the request of Senator Plymale, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 3225) contained in
the preceding report from the Committee on Education was taken up
for immediate consideration, read a first time, ordered to second
reading and, under the original double committee reference, was
then referred to the Committee on the Judiciary.
Senator Snyder, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
Eng. House Bill No. 3271, Relating to the distribution of
state funds to volunteer fire companies and departments.
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,
Herb Snyder,
Chair.
At the request of Senator Snyder, unanimous consent being
granted, the bill (Eng. H. B. No. 3271) contained in the preceding
report from the Committee on Government Organization 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
House Concurrent Resolution No. 32, The "Ensign Melvin G.
Livesay Memorial Bridge".
And has amended same.
And reports the same back with the recommendation that it be
adopted, as amended.
Respectfully submitted,
Robert D. Beach,
Chair.
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
House Concurrent Resolution No. 90, The "Campbell Memorial
Bridge".
And reports the same back with the recommendation that it be
adopted.
Respectfully submitted,
Robert D. Beach,
Chair.
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 Senator Unger, the Senate adjourned until tomorrow,
Wednesday, March 9, 2011, at 11 a.m.
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