sdj-38th day

WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-EIGHTH LEGISLATURE
REGULAR SESSION, 2007
THIRTY-EIGHTH DAY
____________

Charleston, W. Va., Friday, February 16, 2007

The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by Dr. D. W. Cummings, Pastor, Bethlehem Apostolic Temple, Wheeling, West Virginia.
Pending the reading of the Journal of Thursday, February 15, 2007,
On motion of Senator Fanning, 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.
Senator Tomblin (Mr. President) presented a communication from the Department of Revenue, submitting its annual preliminary statewide aggregate tax revenue projection as required by chapter eleven, article one-c, section five of the code of West Virginia.
Which communication and report were received and filed with the Clerk.
The Senate proceeded to the third order of business.
A message from The Clerk of the House of Delegates announced the amendment by that body, passage as amended with its House of Delegates amended title, and requested the concurrence of the Senate in the House of Delegates amendments, as to
Eng. Senate Bill No. 142, Providing penalty for illegally possessing, possessing with intent to distribute or distributing an iodine matrix.
On motion of Senator Chafin, the message on the bill was taken up for immediate consideration.
The following House of Delegates amendments to the bill were reported by the Clerk:
By striking out everything after the enacting section and inserting in lieu thereof the following:
ARTICLE 10. METHAMPHETAMINE LABORATORY ERADICATION ACT.

§60A-10-15. Iodine solution greater than two percent; prescription or permit required; offenses; penalties.

(a) A person may offer to sell, sell or distribute an iodine matrix only:
(1) As a prescription drug, pursuant to a prescription issued by a veterinarian or physician licensed within the state; or
(2) To a person who is actively engaged in the legal practice of animal husbandry of livestock~~, as defined in section eight, article one, chapter four of this code~~.
(b) Prescriptions issued under this section:
(1) Shall provide for a specified number of refills;
(2) May be issued by any means authorized by the Board of Pharmacy; and
(3) May be filled by a person other than the veterinarian or physician issuing the prescription.
(c) A person offering iodine matrix for sale:
(1) Shall store the iodine matrix so that the public does not have access to the iodine matrix without the direct assistance or intervention of a retail employee;
(2) Shall keep a record, which may consist of sales receipts of each person purchasing iodine matrix; and
(3) Shall, if necessary to ascertain the identity of the purchaser, ask for proof of identification from the purchaser.
(d) A person engaging in a regulated transaction pursuant to the provisions of subsection (a) of this section ~~is guilty of a misdemeanor if he or she offers to sell, sells or distributes~~ shall not possess with intent to distribute or distribute an iodine matrix to a person who:
(1) Does not present a prescription or is not engaged in animal husbandry, as required under subsection (a) of this section; or
(2) Is not excepted under subsection ~~(g)~~ (h) of this section.
(e) Any person who violates subsection (d) of this section is guilty of a misdemeanor and, upon conviction, shall be fined not more than ten thousand dollars.
~~(e)~~ (f) A person ~~is guilty of a misdemeanor who~~ shall not:
(1) ~~Possesses~~ Possess iodine crystals and/or an iodine matrix without proof of obtaining the crystals and/or solution in compliance with subsection (a) of this section; or
(2) ~~Offers to sell, sells or distributes~~ Possess with intent to distribute or distribute iodine crystals and/or an iodine matrix in violation of subsection (a) of this section.
(g) Any person who violates subsection (f) of this section is guilty of a misdemeanor and, upon conviction, shall be fined not more than ten thousand dollars.
~~(f)~~ (h) The provisions of subdivision (1), subsection ~~(e)~~ (f) of this section do not apply to:
(1) ~~A chemistry or chemistry-related laboratory maintained by:~~
~~(A)~~ A public or private regularly established primary or secondary school; or ~~(B)~~ a public or private institution of higher education that is accredited by a regional or national accrediting agency recognized by the United States Department of Education;
(2) A veterinarian licensed to practice pursuant to the provisions of article ten, chapter thirty of this code;
(3) A health care facility; or
(4) A veterinarian, physician, pharmacist, retail distributor, wholesaler, manufacturer, warehouseman or common carrier, or an agent of any of these persons, who possesses an iodine matrix in the regular course of lawful business activities.
(5) The transfer or receipt of any betadine or povidone solution with an iodine content not exceeding ten percent in containers of eight ounces or less or any tincture of iodine not exceeding two percent in containers of one ounce or less that is sold over the counter and is employed solely for its intended common household use.
~~(g)~~ (i) As used in this section, "iodine matrix" means iodine at a concentration greater than ~~1.5~~ two percent, by weight, in a matrix or solution.;
And,
By striking out the title and substituting therefor a new title, to read as follows:
Eng. Senate Bill No. 142--A Bill to amend and reenact §60A-10- 15 of the Code of West Virginia, 1931, as amended, relating to providing a penalty for illegally possessing, possessing with intent to distribute or distributing an iodine matrix and/or iodine crystals; defining iodine matrix; and establishing exemption for household uses not intended for manufacture of a controlled substance.
On motion of Senator Chafin, the Senate concurred in the House of Delegates amendments to the bill.
Engrossed Senate Bill No. 142, as amended by the House of Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--32.
The nays were: None.
Absent: McKenzie and Sharpe--2.
So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 142) passed with its House of Delegates amended title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
A message from The Clerk of the House of Delegates announced the adoption by that body and requested the concurrence of the Senate in the adoption of
House Concurrent Resolution No. 10--Requesting the Division of Highways to name the bridge crossing Simpson Creek on United States Route 50 in downtown Bridgeport, the "Lloyd L. Lang Bridge".
Whereas, Lloyd L. Lang was a longtime resident of the City of Bridgeport, Harrison County, West Virginia and Mr. Lang and his wife of 48 years, Crystal Wooddell Lang, and their family made their home on Grand Avenue in Bridgeport; and
Whereas, Lloyd L. Lang served his country in the United States Army from 1946 to 1949, and upon his return to Bridgeport in 1949 from military service in Germany, Lloyd Lang and his brother Jim founded Lang Bothers, Inc., a Bridgeport-based construction and natural resources company; and
Whereas, Over the span of more than 57 years, Lang Brothers became known throughout the region as one of the most respected heavy equipment, mining and road construction contractors in West Virginia and was entrusted with the construction of numerous bridge projects including several in Harrison County; and
Whereas, For Lloyd Lang, one of the highlights to the company?s impressive list of road and bridge projects over more than fifty years was the construction of the Main Street Bridge in his hometown of Bridgeport, West Virginia; and
Whereas, On West Virginia Day, June 20, 2006, Lloyd L. Lang passed away at the age of seventy-seven after complications from a thirty-year battle with Parkinson?s Disease; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways to name the bridge crossing Simpson Creek on United States Route 50 in downtown Bridgeport the "Lloyd L. Lang Bridge"; and, be it
Further Resolved, That the Division of Highways is requested to have made and be placed signs identifying the bridge as the "Lloyd L. Lang Bridge"; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Secretary of the Department of Transportation, the Commissioner of the Division of Highways and the family of Lloyd L. Lang.
Referred to the Committee on Transportation and Infrastructure.
A message from The Clerk of the House of Delegates announced the adoption by that body and requested the concurrence of the Senate in the adoption of
House Concurrent Resolution No. 19--Naming the bridge northwest of Zion Church in Jesus Christ on Twelve Pole Road after exiting Cabwaylingo State Park in Mingo County the "Matilda Messer Bridge".
Whereas, Matilda Messer had rich beginnings in Mingo County wherein her childhood laid the foundation for her life-style of determination, honesty and integrity; and
Whereas, Matilda Messer grew up in Cub Branch in Mingo County where she led a happy life with her mother and grandparents; and
Whereas, Matilda Messer was the youth choir director at what is now the Zion Church in Jesus Christ; therefore, be it
Resolved by the Legislature of West Virginia:
That the bridge northwest of Zion Church in Jesus Christ on Twelve Pole Road after exiting Cabwaylingo State Park in Mingo County be named the "Matilda Messer Bridge;" and, be it
Further Resolved, That the Division of Highways is hereby directed to cause to be fabricated signs which shall display in prominent lettering "Matilda Messer Bridge" which the division shall erect at each end of said bridge; and, be it
Further Resolved, That the Clerk of the House of Delegates, forward a certified copy of this Resolution to the Commissioner of the Division of Highways and to Robert Farmer at 207 E. 29th Street, Muncie, Indiana 47302.
Referred to the Committee on Transportation and Infrastructure.
A message from The Clerk of the House of Delegates announced the adoption by that body and requested the concurrence of the Senate in the adoption of
House Concurrent Resolution No. 25--Expressing the concern of the Legislature that a probable corporate takeover of Elkem by Alcoa Corporation may adversely affect the state economy and cause employees of Elkem to lose their employment, and urging any corporation that owns and operates a hydro-electric or steam generation facility in this state for the manufacture of a specific product, not to sell or lease the facility for any purpose other than the manufacture of the specific product, as same is listed on the corporation's current license granted by the Federal Energy Regulation Commission, without first conducting an economic impact survey which includes determining the identity of employees who would suffer adverse employment consequences as a result of the sale or lease of the facility for purposes other than the manufacture of the specific product.
Whereas, To the extent it appears that a probable corporate takeover of Elkem Corporation by Alcoa Corporation looms in the near horizon and that many persons, including civic leaders, legislators and employees of Elkem are experiencing reasonable and justifiable concerns that such a takeover may adversely affect the state's economy as well as displacing significant numbers of Elkem's current employees as the result of short-term profit motives being given first priority at the expense of longer term economic considerations as a direct result of the expected corporate takeover; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby expresses its concern that a probable corporate takeover of Elkem by Alcoa Corporation may adversely affect the state's economy and cause employees of Elkem to lose their employment; and, be it
Further Resolved, That the Legislature urges any corporation that owns and operates a hydro-electric or steam generation facility in this state for the manufacture of a specific product, not to sell or lease the facility for any purpose other than the manufacture of the specific product, as same is listed on the corporation's current license granted by the Federal Energy Regulation Commission, without first conducting an economic impact survey which includes determining the identity of employees who would suffer adverse employment consequences as a result of the sale or lease of the facility for purposes other than the manufacture of the specific product; and, be it
Further Resolved, That the Clerk of the House of Delegates, forward a certified copy of this resolution to the Board of Directors of Elkem Corporation and Alcoa Corporation, and to this state's Congressional Delegation and the Governor.
Referred to the Committee on Economic Development.
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. 26--Naming the bridge located in Upshur County on U.S. Route 33 east of Buckhannon, "The Sheriff Fred Gaudet Bridge".
Whereas, Frederic "Fred" M. Gaudet was born the son of Mabel and Stanley Gaudet on April 17, 1949, in Upshur County, West Virginia; and
Whereas, Fred Gaudet was a member of the 1966 Buckhannon High School state championship football team; and
Whereas, Fred Gaudet graduated from the Richmond Bureau of Police Academy and the FBI National Academy before obtaining a B.A. Degree in Criminal Justice and Government from Wesleyan College; and
Whereas, Fred Gaudet served as President of the West Virginia Sheriff's Association in 1987; and
Whereas, Fred Gaudet received many awards throughout his life in recognition of his dedicated service in law enforcement and community activities - including the "Excellent Police Duty Medal", a Police Conduct Medal, an "Outstanding Young Man of America Award. a "Commitment to Duty Award. and the "Upshur County Citizen of the Year Award. Posthumously, Mr. Gaudet was awarded the "Criminal Justice Partnership Award" by the West Virginia Prosecuting Attorneys' Association; and
Whereas, Fred Gaudet, after serving as a homicide detective with the Richmond Police Department in Richmond, Virginia, returned to his beloved Upshur County where he served variously as Sheriff, Magistrate and County Commissioner - and, at the time of his death on November 2, 1999, as Police Chief for the City of Buckhannon; therefore, be it
Resolved by the Legislature of West Virginia:
That the bridge located in Upshur County on U.S. Route 33, east of Buckhannon, be named "The Sheriff Fred Gaudet Bridge"; and, be it
Further Resolved, That the Division of Highways shall cause to be manufactured signs to be displayed at either end of said bridge displaying in prominent lettering - "The Sheriff Fred Gaudet Bridge"; and, be it
Further Resolved, That the Clerk of the House of Delegates, forward a certified copy of this Resolution to the Division of Highways, to Deborah Gaudet, Mr. Gaudet's widow, to Brian Gaudet, Erica Gaudet, John Niland, Jaclyn Niland and Natalie Niland Lint, Mr. Gaudet's Children and, to Mr. Gaudet's siblings, Larry Gaudet, Jim Gaudet and Mary Shoulders.
Referred to the Committee on Transportation and Infrastructure.
A message from The Clerk of the House of Delegates announced the adoption by that body and requested the concurrence of the Senate in the adoption of
House Concurrent Resolution No. 31--Requesting the State of West Virginia and the United States Federal Government to fully recognize that the counties of Berkeley and Jefferson in the State of West Virginia are part of the beautiful and historic Shenandoah Valley.
Whereas, The State of West Virginia was part of the State of Virginia until June 20th, 1863 and the counties of Berkeley and Jefferson were not officially added into the new State until 1872 upon the ruling of the United States Supreme Court. This ruling split the Shenandoah Valley into two sections, with the two counties just mentioned being now part of West Virginia and part of a political arm called the "Eastern Panhandle"; and
Whereas, The geographical landscape of the Shenandoah Valley is as follows: Beginning at the Potomac River that forms the northern boundary along Berkeley and Jefferson Counties and continuing southwestward to the southern boundary near the city of Roanoke, Virginia. The valley is flanked to the east by the Blue Ridge Mountains (in eastern Jefferson County, West Virginia) and to the west by the Allegheny Mountains (in western Berkeley County, West Virginia). The Shenandoah River flows northward and empties into the Potomac River at Harper's Ferry, West Virginia. To break down the valley into two parts: The Upper Shenandoah Valley is located southward because of a high elevation and the Lower Shenandoah Valley is located northward because of a low elevation; and
Whereas, The historical landscape of Berkeley and Jefferson Counties is a storybook land full of famous patriots and people, wars and great events that made it into the history books. Both counties are rich in legend and lore. This is where the Great Wagon Road (later called the Valley Turnpike) provided travel for Indians, the earliest pioneers and Revolutionary and Civil War soldiers. The entire valley was known as the "Breadbasket of the Confederacy" because of its richness in fertile soils that sustains life for farms and orchards. The following is a brief look at the history of the counties of Berkeley and Jefferson: From George Washington and Thomas Jefferson to Morgan Morgan, from Revolutionary War Generals William Darke, Horatio Gates, Charles Lee, Daniel Morgan and General Adam Stephen to the famous Bee Line March and the oldest continuous 1735 United States Military Unit still in existence; and
Whereas, From the birthplace of United States President Andrew Jackson and the marriage of United States President James and Dolly Madison to Davy Crockett who worked on a local farm to James Rumsey, inventor of the steamboat. From John Brown and Robert E. Lee, "Stonewall" Jackson and J. E. B. Stuart, Turner Ashby and the Gray Ghost and Confederate Spy, Belle Boyd to the Battle of Falling Waters-the first engagement in the Shenandoah Valley and first cavalry action of the Civil War -- From the 1862 Battle of Harpers Ferry, to the Jackson Valley Campaign, to Philip Sheridan's successful Union Valley Campaign -- From David Hunter and David Hunter Strother (Pensions name "Porte Crayon") -- To Martin Robinson Delaney, the highest ranking black officer in the Civil War -- From the B. & O. Roundhouses (landmarks in 20th century industrial architecture that replaced buildings destroyed in a famous Civil War raid by Jackson) to the first Rural Free Delivery in America (begun by United States Postmaster General William L. Wilson, a son of Jefferson County) and Washington Family Homes to the birth of Harry Flood Byrd, Senator and Governor of Virginia and from baseball player, Hack Wilson and WWI Secretary of the War, Newton D. Baker to the Legend of Wizard Clip and to famous western artist William Robinson Leigh, a Berkeley County native. From the city of Martinsburg, "Northern Gateway to the Shenandoah Valley" and at one time known as "Queen City" to the famous Apple Pie Ridge and the first Apple Carnival Event held in 1909" -- From Apple Blossom to Apple Harvest......This is the "Cradle of America"; therefore, be it
Resolved by the Legislature of West Virginia:
That in 1996, the United States Congress established the "Shenandoah Valley Battlefields National Historic District and Commission" and Berkeley and Jefferson Counties, West Virginia were not included to be a part of the program or to obtain any funds; and, be it
Further Resolved, That Berkeley and Jefferson Counties, West Virginia should be eligible to become part of the "Shenandoah Battlefields National Historic District and Commission" and be eligible for any other federal programs that are available for the Shenandoah Valley; and, be it
Further Resolved, That the Clerk of the House of Delegates is hereby directed to forward a copy of this Resolution to the President of the United States and to West Virginia's Delegation in Congress and the Governor of West Virginia and to the Mayors and City Councils of Bolivar, Charles Town, Harpers Ferry, Hedgesville, Martinsburg, Ranson and Shepherdstown and to the County Commissioners of Berkeley and Jefferson Counties, West Virginia.
Referred to the Committee on Government Organization; and then to the Committee on Rules.
The Senate proceeded to the fourth order of business.
Senator White, 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 16th day of February, 2007, presented to His Excellency, the Governor, for his action, the following bills, signed by the President of the Senate and the Speaker of the House of Delegates:
(S. B. No. 138), Repealing code section relating to requirement nonresidents secure costs.
(S. B. No. 139), Denying petition for name change in certain cases.
(S. B. No. 140), Relating to depositing certain moneys into magistrate court fund.
(S. B. No. 141), Providing family court jurisdiction over sibling visitation petitions.
And,
(S. B. No. 217), Extending time for Piedmont city council to meet as levying body.
Respectfully submitted,
C. Randy White,
Chair, Senate Committee.
John Doyle,
Chair, House Committee.
Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 76, Establishing underage drinking as unlawful act.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 76 (originating in the Committee on the Judiciary)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §49-5-13c, relating to penalties for minors adjudicated delinquent for alcohol consumption.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
Senator Plymale, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration
Senate Bill No. 165, Creating funding program for certain schools instituting school uniform policies.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 165 (originating in the Committee on Education)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18- 2-35a, relating to establishment of the school uniforms incentive plan pilot program; providing funding for certain public elementary schools which adopt and implement school uniform policies; directing how funds may be spent; and requiring progress report to the Legislative Oversight Commission on Education Accountability.
With the recommendation that the committee substitute do pass; but under the original double committee reference first be referred to the Committee on Finance.
Respectfully submitted,
Robert H. Plymale,
Chair.
The bill (Com. Sub. for S. B. No. 165), under the original double committee reference, was then referred to the Committee on Finance.
Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Com. Sub. for Senate Bill No. 219 (originating in the Committee on Health and Human Resources), Prohibiting smoking in motor vehicle when persons under eighteen are present.
And reports back a committee substitute for same with the following title:
Com. Sub. for Com. Sub. for Senate Bill No. 219 (originating in the Committee on the Judiciary)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-9A-10, relating to prohibiting smoking of tobacco products in a motor vehicle while an individual fourteen years of age or less is present; setting forth legislative findings; definitions; violation of section a secondary offense; providing penalties; and local ordinances or regulations.
With the recommendation that the committee substitute for committee substitute do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
Senator Prezioso, from the Committee on Health and Human Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under consideration
Senate Bill No. 267, Authorizing Health Care Authority promulgate legislative rule relating to certificates of need.
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,
Roman W. Prezioso, Jr.,
Chair.
The bill, under the original double committee reference, was then referred to the Committee on the Judiciary.
Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 276, Authorizing Division of Homeland Security and Emergency Management promulgate legislative rule relating to mine and industrial accident rapid response system.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 276 (originating in the Committee on the Judiciary)--A Bill to amend and reenact article 6, chapter 64 of the Code of West Virginia, 1931, as amended, relating generally to the promulgation of administrative rules by the Department of Military Affairs and Public Safety and the procedures relating thereto; legislative mandate or authorization for the promulgation of certain legislative rules by various executive or administrative agencies of the Department of Military Affairs and Public Safety; authorizing certain of the agencies to promulgate certain legislative rules in the form that the rules were filed in the State Register; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the Legislative Rule-Making Review Committee; authorizing certain of the agencies to promulgate certain legislative rules as amended by the Legislature; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the Legislative Rule-Making Review Committee and as amended by the Legislature; authorizing the Division of Corrections to promulgate a legislative rule relating to parole supervision; authorizing the State Fire Commission to promulgate a legislative rule relating to the State Building Code; authorizing the State Fire Commission to promulgate a legislative rule relating to certification and evaluation of local fire departments; authorizing the Division of Homeland Security and Emergency Management to promulgate a legislative rule relating to mine and industrial accident rapid response system; authorizing the Regional Jail and Correctional Facility Authority to promulgate a legislative rule relating to criteria and procedures for determination of projected cost per day for inmates incarcerated in regional jails and operated by authority; and authorizing the State Police to promulgate a legislative rule relating to the West Virginia DNA Data Bank.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
Senator Prezioso, from the Committee on Health and Human Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under consideration
Senate Bill No. 388, Relating to medical support provisions in child support orders.
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,
Roman W. Prezioso, Jr.,
Chair.
The bill, under the original double committee reference, was then referred to the Committee on the Judiciary, with an amendment from the Committee on Health and Human Resources pending.
Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 425, Relating to Water Pollution Control Revolving Fund loans.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 425 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §22C-2-1 and §22C-2-5 of the Code of West Virginia, 1931, as amended, all relating to the Water Pollution Control Revolving Fund; expanding the definition of local entity; and authorizing the Water Development Authority to take security interest in property purchased by loan from the fund.
With the recommendation that the committee substitute do pass; but under the original double committee reference first be referred to the Committee on Finance.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
The bill (Com. Sub. for S. B. No. 425), under the original double committee reference, was then referred to the Committee on Finance.
Senator Prezioso, from the Committee on Health and Human Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under consideration
Senate Bill No. 427, Relating to WV Dental Practice Act.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 427 (originating in the Committee on Health and Human Resources)--A Bill to amend and reenact §30-4-3, §30-4-5, §30-4-13, §30-4-14, §30-4-15 and §30-4-21 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §30-4-8a, all relating generally to the West Virginia Dental Practice Act; clarifying definitions; clarifying powers of the board; clarifying temporary permits; providing the promulgation of a rule by the board for providing a copy of a complaint to a dentist or dental hygienist; establishing a special volunteer dental license for retired dentists wishing to donate their expertise for dental care and treatment of indigent and needy patients in the clinic setting; and providing for civil immunity.
With the recommendation that the committee substitute do pass; but under the original double committee reference first be referred to the Committee on Government Organization.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
The bill (Com. Sub. for S. B. No. 427), under the original double committee reference, was then referred to the Committee on Government Organization.
Senator Plymale, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration
Senate Bill No. 510, Allowing State Board of Education members participate in public employees insurance program.
And,
Senate Bill No. 599, Eliminating early resignation notification bonus for certain teachers.
And reports the same back with the recommendation that they each do pass; but under the original double committee references first be referred to the Committee on Finance.
Respectfully submitted,
Robert H. Plymale,
Chair.
The bills, under the original double committee references, were then referred to the Committee on Finance.
Senator Plymale, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration
Senate Bill No. 603, Establishing 21st Century Tools for 21st Century Schools Technology Initiative.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 603 (originating in the Committee on Education)--A Bill to amend and reenact §18-2E-7 of the Code of West Virginia, 1931, as amended, relating to establishing a 21st Century Tools for 21st Century Schools Technology Initiative to replace and enhance current technology programs; findings; requiring a West Virginia 21st Century Strategic Technology Learning Plan and setting forth specific areas it should address; requiring that the provision of technologies and services to students and teachers be based on a plan aligned with the goals of the West Virginia 21st Century Strategic Technology Learning Plan; allocation of technology funds; purchasing; and use of technology and technology infrastructure.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Robert H. Plymale,
Chair.
The Senate proceeded to the sixth order of business.
On motions for leave, severally made, the following bills were introduced, read by their titles, and referred to the appropriate committees:
By Senators Kessler and Hunter:
Senate Bill No. 610--A Bill to amend and reenact §3-4A-1, §3- 4A-8, §3-4A-23, §3-4A-26 and §3-4A-28 of the Code of West Virginia, 1931, as amended, all relating to electronic voting systems generally; requiring each county to develop a policy for securing electronic voting equipment; requiring vendor of electronic voting equipment to provide an annual report of any difficulties with electronic voting machines; restricting certain recording and electronic devices from the voting booth; providing for additional testing of electronic voting machines in certain circumstances; providing for testing a set of preaudited group of ballots; and allowing qualified individuals to demand recount.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senator Fanning:
Senate Bill No. 611--A Bill to amend and reenact §20-5-16 of the Code of West Virginia, 1931, as amended, relating to allowing the Director of the Division of Natural Resources to enter into long-term contracts with third parties to construct recreational facilities and cabins.
Referred to the Committee on Natural Resources.
By Senators Fanning, Bowman and Barnes:
Senate Bill No. 612--A Bill to amend and reenact §20-7-9 of the Code of West Virginia, 1931, as amended, relating to increasing the fines for certain violations of said chapter.
Referred to the Committee on Natural Resources; and then to the Committee on the Judiciary.
By Senators Fanning, Bowman and Barnes:
Senate Bill No. 613--A Bill to amend and reenact §20-2-5 of the Code of West Virginia, 1931, as amended, relating to restrictions on carrying a crossbow afield and in a vehicle.
Referred to the Committee on Natural Resources.
By Senators Foster, McCabe, Sprouse and Wells:
Senate Bill No. 614--A Bill to amend and reenact §49-2B-3 of the Code of West Virginia, 1931, as amended, relating to exemption for preschool programs of six hours or less from day care center licensure.
Referred to the Committee on Education.
By Senators Kessler, Edgell and Hunter:
Senate Bill No. 615--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §8-19-2, relating to authorizing a municipality that owns and operates an electric power system to enter into certain contracts with other parties to purchase electric power and energy from certain projects.
Referred to the Committee on the Judiciary.
By Senators Kessler, Edgell, Minard and Hunter:
Senate Bill No. 616--A Bill to repeal §3-4A-11 and §3-4A-12 of the Code of West Virginia, 1931, as amended; to amend and reenact §3-1-20, §3-1-21 and §3-1-41 of said code; to amend and reenact §3-4A-11a and §3-4A-15 of said code; to amend and reenact §3-5-7, §3-5-10, §3-5-13 and §3-5-19 of said code; and to amend and reenact §3-6-2 and §3-6-3 of said code, all relating to election ballots; providing for two copies of sample ballots for each voting place; providing that paper ballots used in conjunction with electronic voting systems must be prepared for eighty percent of registered voters eligible to vote; providing that the number of regular official ballots packaged for each precinct shall equal at least seventy-five percent of the number of registered voters in a precinct; providing for the board of canvassers to protect the privacy of provisional ballots; clarifying ballot lay out; clarifying voter instructions and models; providing print size of sample ballots; and changing date upon which a person may challenge a candidate's eligibility before the State Election Commission.
Referred to the Committee on the Judiciary.
By Senators Kessler, Edgell, Minard, Hunter and Foster:
Senate Bill No. 617--A Bill to amend and reenact §3-2-4a, §3-2-5, §3-2-6, §3-2-11, §3-2-13 and §3-2-30 of the Code of West Virginia, 1931, as amended, all relating to voter registration; providing for the voting history of a voter on the statewide registration system; providing that agencies may not withhold information for statewide voter registration system without a court order; allowing for Division of Motor Vehicles' identification card in lieu of driver's license for voter registration purposes; providing that the voter has four business days to correct errors on voter registration card; authorizing the Department of Revenue to provide a check box for voter registration interest; requiring voting coordinators to receive training; removing provisions requiring manual voter registration lists by county clerks in lieu of electronic files; requiring county clerk to provide a copy of voter registration list availability policy to the Secretary of State's office; and modifying the cost of purchasing the voter registration list.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senators Kessler, Edgell, Minard and Hunter:
Senate Bill No. 618--A Bill to amend and reenact §3-6-4a of the Code of West Virginia, 1931, as amended, relating to filing requirements for write-in candidates; and requiring a certificate of announcement to be filed no later than forty-two days before an election.
Referred to the Committee on the Judiciary.
By Senators Kessler, Edgell, Minard and Hunter:
Senate Bill No. 619--A Bill to amend and reenact §3-1-34 of the Code of West Virginia, 1931, as amended; and to amend and reenact §3-4A-16 and §3-4A-30 of said code, all relating to election day procedures and preparation; providing for handicapped individuals to vote on election day; providing that clerks must assure voter privacy by placement of voting devices and/or booths; and providing for sufficient space and notice of precinct consolidation.
Referred to the Committee on the Judiciary.
By Senators Hunter and Minard:
Senate Bill No. 620--A Bill to amend and reenact §24A-1-3 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §24A-2-2b, all relating to towing services generally; limiting the information towing services provide on invoices; and exempting towing services and their vehicles from certain motor vehicle restrictions.
Referred to the Committee on the Judiciary.
By Senators Stollings, Jenkins, Foster, Hall and Plymale:
Senate Bill No. 621--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §30-5-2b, relating to legislative rule-making authority of the West Virginia Board of Pharmacy; requiring development of a standard format for preferred drug lists; requiring the format to be maintained and available electronically; and establishing the length of time for which preferred drug lists are valid.
Referred to the Committee on Government Organization.
By Senators Jenkins, Kessler, McKenzie, Sprouse and Plymale:
Senate Bill No. 622--A Bill to amend and reenact §61-3-45 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §61-3-59, all relating to the theft of oil, natural gas, water, telecommunications, electric and solid waste service; and providing penalties.
Referred to the Committee on Energy, Industry and Mining; and then to the Committee on the Judiciary.
By Senators Kessler, Edgell and Foster:
Senate Bill No. 623--A Bill to amend and reenact §48-9-209 of the Code of West Virginia, 1931, as amended, relating to the allocation of responsibility under a parenting plan for a child; and adding that if a parent has made two or more unsubstantiated or false reports of domestic violence or child abuse, then, upon the request of either parent, the court may determine if limitations should be imposed.
Referred to the Committee on the Judiciary.
By Senators McCabe, Sprouse and Hall:
Senate Bill No. 624--A Bill to amend and reenact §3-1-16 and §3-1-17 of the Code of West Virginia, 1931, as amended; to amend and reenact §3-4A-11 and §3-4A-11a of said code; to amend said code by adding thereto two new sections, designated §3-5-6a and §3-5-6b; to amend and reenact §3-5-7, §3-5-13 and §3-5-13a of said code; to amend said code by adding thereto a new section, designated §3-6- 2a; and to amend and reenact §51-2-1 of said code, all relating to the nonpartisan elections of justices of the West Virginia Supreme Court of Appeals and circuit court judges; timing and frequency of election; ballot design and printing; separation from partisan ballot; filing announcement of candidacies; withdrawal of announcement of candidacies; refund of paid filing fees; and ballot content.
Referred to the Committee on the Judiciary.
By Senators Caruth and Hall:
Senate Bill No. 625--A Bill to amend and reenact §23-4-2 of the Code of West Virginia, 1931, as amended, relating to limiting deliberate intent civil actions to traumatic injuries only; and excluding occupational pneumoconiosis and other occupational diseases as a basis for deliberate intent civil actions.
Referred to the Committee on the Judiciary.
By Senators Caruth, Prezioso, Foster and Plymale:
Senate Bill No. 626--A Bill to amend and reenact §49-1-3 and §49-1-4 of the Code of West Virginia, 1931, as amended; and to amend and reenact §49-5D-2 and §49-5D-3 of said code, all relating to child advocacy centers; defining terms; providing for role of a child advocacy center in multidisciplinary teams; and providing for the role of a child advocacy center in multidisciplinary treatment teams.
Referred to the Committee on the Judiciary.
By Senators Bailey and Minard:
Senate Bill No. 627--A Bill to amend and reenact §3-10-7 of the Code of West Virginia, 1931, as amended, relating to providing a procedure in which to fill a vacancy on a county commission in the event the remaining commissioners cannot agree on a person to fill the vacancy.
Referred to the Committee on Government Organization.
By Senators Love and Minard:
Senate Bill No. 628--A Bill to amend and reenact §18B-10-4b of the Code of West Virginia, 1931, as amended, relating to providing that state institutions of higher education shall waive all fees for resident students who successfully complete the health sciences and technology academy affiliated programs.
Referred to the Committee on Education; and then to the Committee on Finance.
By Senators Chafin and Fanning:
Senate Bill No. 629--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §22-15-9a, relating generally to solid waste facilities; providing procedure to allow certain facilities to handle up to one hundred thousand tons of solid waste per month; providing special solid waste assessment fee; specifying when special solid waste assessment fee applies in lieu of regular fees and how it is to be administered, collected, enforced and paid; and dedicating use of special assessment fee proceeds for certain purposes.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senator Minard:
Senate Bill No. 630--A Bill to amend and reenact §61-7-4 and §61-7-6 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto two new sections, designated §61- 7-4a and §61-7-6a, all relating to providing that a photo concealed weapons license is all that is required to carry a concealed weapon; providing that social security numbers do not appear on a concealed weapons license; providing that course training as a required prerequisite to being issued a concealed weapons license must include the use of live ammunition; including magistrates, family law judges and mental hygiene commissioners as persons exempt from the application process to obtain a concealed weapons license; requiring persons exempted from the application process to obtain a concealed weapons license to successfully complete an approved firearm safety course; providing for statewide uniformity of concealed weapons licenses; and providing for reciprocity for out-of-state handgun permits.
Referred to the Committee on the Judiciary.
By Senator McCabe:
Senate Bill No. 631--A Bill to amend and reenact §11-15-8d of the Code of West Virginia, 1931, as amended, relating to the consumers sales and service tax generally; and providing a refundable exemption for purchases by a contractor when the purchased materials will be used or consumed in the construction, alteration, repair or improvement of a new or existing building or structure to be used primarily by persons or entities exempt from the consumers sales and service tax on purchases.
Referred to the Committee on Finance.
By Senator Foster:
Senate Bill No. 632--A Bill to amend and reenact §61-8-19 of the Code of West Virginia, 1931, as amended, relating to excluding horses from the farm livestock exemption to the prohibition against cruelty to animals.
Referred to the Committee on Agriculture; and then to the Committee on the Judiciary.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 39, Requesting Division of Highways name Gilbert Creek bridge at U. S. Route 52, Mingo County, "Elmer and May Cline Memorial Bridge".
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Transportation and Infrastructure.
Senate Concurrent Resolution No. 40, Requesting Joint Committee on Government and Finance study elimination of wireless coverage "dead spots".
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Transportation and Infrastructure; and then to the Committee on Rules.
Senate Concurrent Resolution No. 41, Requesting Joint Committee on Government and Finance study School Aid Formula issues.
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Education; and then to the Committee on Rules.
The Senate proceeded to the eighth order of business.
Eng. Senate Bill No. 104, Establishing date Consolidated Public Retirement Board shall make annuity payments.
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: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--32.
The nays were: None.
Absent: McKenzie and Sharpe--2.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 104) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Senate Bill No. 105, Imposing surcharge on certain fees due Deputy Sheriff Retirement Fund.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Unger, Wells, White, Yoder and Tomblin (Mr. President)--31.
The nays were: Sypolt--1.
Absent: McKenzie and Sharpe--2.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 105) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 204, Assessing cost of petit juries in magistrate court.
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: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--32.
The nays were: None.
Absent: McKenzie and Sharpe--2.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 204) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 206, Assessing court costs for participants in pretrial diversion 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: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--32.
The nays were: None.
Absent: McKenzie and Sharpe--2.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 206) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Senate Bill No. 382, Relating to reemployment of certain Supreme Court retirees.
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: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--32.
The nays were: None.
Absent: McKenzie and Sharpe--2.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 382) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 387, Guaranteeing certain veterans bronze military grave markers.
On third reading, coming up in regular order, was reported by the Clerk.
At the request of Senator Hunter, unanimous consent being granted, the bill was laid over one day, retaining its place on the calendar.
Eng. Senate Bill No. 454, Renaming and restructuring Bureau of Employment 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: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--32.
The nays were: None.
Absent: McKenzie and Sharpe--2.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 454) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--32.
The nays were: None.
Absent: McKenzie and Sharpe--2.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 454) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 489, Relating to PROMISE scholarship graduates report to Legislative Oversight Commission on Work Force Investment for Economic Development.
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: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--32.
The nays were: None.
Absent: McKenzie and Sharpe--2.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 489) passed.
The following amendment to the title of the bill, from the Committee on Economic Development, was reported by the Clerk and adopted:
Eng. Senate Bill No. 489--A Bill to amend and reenact §5B-2B-4 and §5B-2B-6 of the Code of West Virginia, 1931, as amended, all relating to reports to the Legislative Oversight Commission on Workforce Investment for Economic Development and the Legislative Oversight Commission on Education Accountability generally; and requiring copies of memoranda of understanding with one-stop centers and data regarding the success of linking PROMISE scholarship graduates with West Virginia employers as part of the reports.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Senate Bill No. 512, Prohibiting requirement of polygraph examination in certain sexual offense allegations.
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: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--32.
The nays were: None.
Absent: McKenzie and Sharpe--2.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 512) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 530, Authorizing voter not affiliated with any political party to vote in primary.
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: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--32.
The nays were: None.
Absent: McKenzie and Sharpe--2.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 530) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 531, Relating to filing service of process on corporations in class action suits.
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: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--32.
The nays were: None.
Absent: McKenzie and Sharpe--2.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 531) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Senate Bill No. 539, Relating to 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: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--32.
The nays were: None.
Absent: McKenzie and Sharpe--2.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 539) 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. 2120, Prescribing minimum standards for municipal judges.
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: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--32.
The nays were: None.
Absent: McKenzie and Sharpe--2.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 2120) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. House Bill No. 2285, Updating the meaning of federal adjusted gross and certain other terms used in West Virginia Personal Income Tax 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: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--32.
The nays were: None.
Absent: McKenzie and Sharpe--2.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 2285) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--32.
The nays were: None.
Absent: McKenzie and Sharpe--2.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. H. B. No. 2285) 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. 2314, Updating the meaning of "federal taxable income" and certain other terms used but not defined in the West Virginia Corporation Net Income Tax 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: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--32.
The nays were: None.
Absent: McKenzie and Sharpe--2.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 2314) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--32.
The nays were: None.
Absent: McKenzie and Sharpe--2.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 2314) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
The Senate proceeded to the ninth order of business.
Com. Sub. for Senate Bill No. 181, Relating to per diem compensation of Board of Banking and Financial Institutions' members.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 182, Requiring Division of Banking employ same frequency of examination schedules as certain federal regulators.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 183, Providing Board of Banking and Financial Institutions authority to approve acquisitions of out-of-state banks.
On second reading, coming up in regular order, was reported by the Clerk.
At the request of Senator Caruth, unanimous consent being granted, the bill was laid over one day, retaining its place on the calendar.
Senate Bill No. 207, Providing fine for violating terms of bond.
On second reading, coming up in regular order, was reported by the Clerk.
At the request of Senator Chafin, unanimous consent being granted, the bill was laid over one day, retaining its place on the calendar.
Com. Sub. for Senate Bill No. 274, Authorizing Department of Transportation promulgate legislative rules.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 314, Authorizing Department of Education and the Arts promulgate legislative rules.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 334, Relating to employment of athletic or extracurricular activities' coaches.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 411, Creating Correctional Center Nursery Act.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 492, Relating to accelerated payment of certain taxes.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 497, Creating WV Community Empowerment Transportation Act.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 511, Repealing code section relating to insurance policies.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 591, Supplementing, amending, reducing and increasing appropriation to Division of Highways.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 592, Making supplemental appropriation to Interoperable Radio Project.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 593, Making supplemental appropriation to Board of Pharmacy.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 594, Making supplemental appropriation to various accounts.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Eng. House Bill No. 2917, Repealing the requirement in the Consumers Sales and Service Tax and the Personal Income Tax that require the accelerated payment of those taxes in the month of June.
On second reading, coming up in regular order, was read a second time and ordered to third reading.
The Senate proceeded to the tenth order of business.
The following bills on first reading, coming up in regular order, were each read a first time and ordered to second reading:
Com. Sub. for Com. Sub. for Senate Bill No. 68, Improving coal mine health and safety.
Com. Sub. for Senate Bill No. 116, Creating criminal offense of voyeurism.
Com. Sub. for Senate Bill No. 152, Creating Indigent Defense Commission.
Com. Sub. for Com. Sub. for Senate Bill No. 177, Creating Division of Energy.
Com. Sub. for Senate Bill No. 187, Relating to WV Performance Review Act.
Senate Bill No. 335, Providing funding for WV Affordable Housing Trust Fund.
Com. Sub. for Senate Bill No. 384, Creating Nonnative Species Regulation Board.
Com. Sub. for Senate Bill No. 414, Establishing flat fee for certain services by circuit clerks.
Senate Bill No. 438, Relating to Investment Management Board.
Com. Sub. for Senate Bill No. 460, Providing notice to Division of Natural Resources, Division of Forestry and state forest superintendent relating to oil and gas access roads.
Senate Bill No. 505, Relating to State Police Death, Disability and Retirement Fund.
And,
Senate Bill No. 557, Relating to judicial review of juvenile proceedings.
The Senate proceeded to the eleventh order of business and the introduction of guests.
On motion of Senator Chafin, leaves of absence for the day were granted Senators McKenzie and Sharpe.
Pending announcement of meetings of standing committees of the Senate,
On motion of Senator Chafin, the Senate adjourned until Monday, February 19, 2007, at 11 a.m.
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