WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-EIGHTH LEGISLATURE
REGULAR SESSION, 2007
FORTY-NINTH DAY
____________
Charleston, W. Va., Tuesday, February 27, 2007
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by
the Reverend Richard G. Mahan, St.
Timothy Lutheran Church, Charleston
, West Virginia.
Pending the reading of the Journal of Monday, February 26,
2007,
On motion of Senator Barnes, the Journal was approved and the
further reading thereof dispensed with.
The Senate proceeded to the second order of business and the
introduction of guests.
The Senate then proceeded to the third order of business.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage of
Eng. Com. Sub. for Senate Bill No. 96, Authorizing fire
department-owned apparatuses use yellow flashing lights.
A message from The Clerk of the House of Delegates announced
the amendment by that body, passage as amended, and requested the concurrence of the Senate in the House of Delegates amendment, as
to
Eng. Com. Sub. for Senate Bill No. 169, Requiring insurance
companies obtain title to certain totaled vehicles.
On motion of Senator Chafin, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendment to the bill was
reported by the Clerk:
On page eleven, section ten, after line one hundred seventy-
one, by striking out the remainder of the section and inserting in
lieu thereof the following:
(k) As used in this section:
(1) "Reconstructed vehicle" means the vehicle was totaled
under the provisions of this section or by the provisions of
another state or jurisdiction and has been rebuilt in accordance
with the provisions of this section or in accordance with the
provisions of another state or jurisdiction or meets the provisions
of subsection (m), section one, article one of this chapter.
(2) "Flood-damaged vehicle" means that the vehicle was
submerged in water to the extent that water entered the passenger
or trunk compartment.
(l) Every vehicle owner shall comply with the branding
requirements for a totaled vehicle whether or not the owner
receives an insurance claim settlement for a totaled vehicle.
(g) (m) A certificate of title issued by the division for a
reconstructed vehicle shall contain markings in bold print on the
face of the title that it is for a reconstructed, flood- or fire-
damaged vehicle.
(n) Any person who knowingly provides false or fraudulent
information to the division that is required by this section in an
application for a title, a cosmetic total loss title, a
reconstructed vehicle title or a salvage certificate or who
knowingly fails to disclose to the division information required by
this section to be included in the application or who otherwise
violates the provisions of this section shall be guilty of a
misdemeanor and, upon conviction thereof, shall for each incident
be fined not less than five hundred dollars nor more than one
thousand dollars nor more than two thousand five hundred dollars,
or imprisoned in the county jail for not more than one year, or
both fined and imprisoned.
On motion of Senator Chafin, the Senate concurred in the House
of Delegates amendment to the bill.
Engrossed Committee Substitute for Senate Bill No. 169, 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, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 169) passed with its 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 amendment by that body, passage as amended, and requested the
concurrence of the Senate in the House of Delegates amendments, as
to
Eng. Senate Bill No. 412, Providing penalties for hand held
cell phone violations by minor while driving.
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:
On page six, section three-a, line ninety-five, after the word
"paragraph" by inserting the words "is guilty of a misdemeanor and,
upon conviction thereof,";
And,
On page eleven, section three-a, line one hundred seventy-five, after the word "paragraph" by inserting the words "is guilty
of a misdemeanor and, upon conviction thereof,".
On motion of Senator Chafin, the Senate concurred in the House
of Delegates amendments to the bill.
Engrossed Senate Bill No. 412, 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, McKenzie, Minard, Oliverio, Plymale, Prezioso,
Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
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. 412) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 2078--A Bill to amend and
reenact §20-2-22 of the Code of West Virginia, 1931, as amended, relating to tagging of certain game; providing tagging procedure;
completing and placing the game tag; reporting to a conservation
officer or an official checking station; and providing penalties.
Referred to the Committee on Natural Resources.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng.House Bill No. 2130--A Bill to amend and reenact §7-14D-
14 of the Code of West Virginia, 1931, as amended, relating to
eliminating any reduction in the benefit of a deputy sheriff who is
totally disabled on the job.
Referred to the Committee on Pensions; and then to the
Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 2145--A Bill to amend and
reenact §21-3C-1 of the Code of West Virginia, 1931, as amended;
and to amend said code by adding thereto a new section, designated
§21-3C-2a, all relating to limited use/limited access elevators;
prohibiting installation of certain elevators after a certain date;
exemptions; and establishing requirements for the installation of
limited use/limited access elevators.
Referred to the Committee on Government Organization.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 2194--A Bill to amend and
reenact §17C-5-4 and §17C-5-7 of the Code of West Virginia, 1931,
as amended, all relating to requiring drivers to submit to
evidentiary breath tests, blood or urine tests; setting forth
requirements for blood or urine tests; authorizing issuance of
warrants to perform chemical analysis of the blood or urine of
persons charged with driving under the influence; and penalties.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 2253--A Bill to amend and
reenact §31-20-27 of the Code of West Virginia, 1931, as amended,
relating to requiring classified service designation for certain
Regional Jail and Correctional Facility Authority employees.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect from passage, and
requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 2324--A Bill to amend and reenact §18A-4-10 of the Code of West Virginia, 1931, as amended;
to amend and reenact §18A-4-10c of said code; and to further amend
said code by adding thereto two new sections, designated §18A-4-10e
and §18A-4-10f, all relating to accrued and transferred personal
leave for school personnel; allowed and restricted uses for
personal leave; requiring county boards to establish certain
personal leave donation banks and programs; bank and program
requirements and limitations; requiring adoption of bank and
program rules; and authorizing unlimited transfer of personal leave
in certain circumstances.
Referred to the Committee on Education; and then to the
Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 2436--A Bill to amend and
reenact §21-5F-3 and §21-5F-4 of the Code of West Virginia, 1931,
as amended, all relating to modifying the Nurse Overtime and
Patient Safety Act; requiring posting of notice of nurse's rights;
requiring Commissioner of Labor to have a notification procedure,
including signs that must be posted; and requiring commissioner to
keep complaints anonymous until a finding of merit.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 2527--A Bill to repeal §30-
1A-2a of the Code of West Virginia, 1931, as amended; and to amend
and reenact §30-1A-2, §30-1A-3 and §30-1A-5 of said code, all
relating to sunrise law; requiring applications for substantial
revision or expansion of the scope of practice of regulated
professions and occupations; modifying the criteria to be
considered in the decision to regulate a profession or occupation;
requiring certain findings in the sunrise report; and requiring
reapplication if the Joint Standing Committee on Government
Organization does not approve the application.
Referred to the Committee on Government Organization.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect from passage, and
requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 2590--A Bill to amend and
reenact article 7, chapter 64 of the Code of West Virginia, 1931,
as amended, all relating generally to the promulgation of
administrative rules by the Department of Revenue and the
procedures relating thereto; legislative mandate or authorization
for the promulgation of certain legislative rules by various
executive or administrative agencies of the state; authorizing certain of the agencies to promulgate certain legislative rules in
the form that the rules were filed in the State Register;
authorizing certain of the agencies to promulgate certain
legislative rules with various modifications presented to and
recommended by the Legislative Rule-Making Review Committee;
authorizing certain of the agencies to promulgate certain
legislative rules 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 Alcoholic Beverage Control Commission
to promulgate a legislative rule relating to private club
licensing; authorizing the Alcoholic Beverage Control Commission to
promulgate a legislative rule relating to licensing of retail
liquor stores; authorizing the Alcoholic Beverage Control
Commission to promulgate a legislative rule relating to
nonintoxicating beer licensing and operations procedures;
authorizing the Insurance Commissioner to promulgate a legislative
rule relating to rate filing requirements for title insurance
companies; authorizing the Insurance Commissioner to promulgate a
legislative rule relating to individual limited health benefit
plans; authorizing the Insurance Commissioner to promulgate a
legislative rule relating to group limited health benefit plans;
authorizing the Racing Commission to promulgate a legislative rule relating to thoroughbred racing; authorizing the Tax Commissioner
to promulgate a legislative rule relating to abusive tax shelters;
and authorizing the Tax Commissioner to promulgate a legislative
rule relating to consumers sales and service tax and use tax -
reduced sales tax on food.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect from passage, and
requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 2616--A Bill to amend and
reenact §64-1-1 of the Code of West Virginia, 1931, as amended; and
to amend and reenact article 2, chapter 64 of said code, all
relating generally to the promulgation of administrative rules by
the various executive or administrative agencies and the procedures
relating thereto; the promulgation of administrative rules by the
Department of Administration and the procedures relating thereto
legislative mandate or authorization; the promulgation of certain
legislative rules by various executive or administrative agencies
of the state; authorizing certain of the agencies to promulgate
certain legislative rules in the form that the rules were filed in
the State Register; authorizing certain of the agencies to
promulgate certain legislative rules with various modifications
presented to and recommended by the Legislative Rule-Making Review
Committee; authorizing certain of the agencies to promulgate certain legislative rules 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; and disapproving certain rules;
authorizing the Department of Administration to promulgate a
legislative rule relating to purchasing; authorizing the Department
of Administration to promulgate a legislative rule relating to
cannibalization of state property; authorizing the Department of
Administration to promulgate a legislative rule relating to waste
disposal of state property; authorizing the Department of
Administration to promulgate a legislative rule relating to the
administration of state funds and grants; authorizing the
Consolidated Public Retirement Board to promulgate a legislative
rule relating to the deputy sheriff retirement system; authorizing
the Consolidated Public Retirement Board to promulgate a
legislative rule relating to the teachers' defined contribution
system; authorizing the Consolidated Public Retirement Board to
promulgate a legislative rule relating to Teachers Retirement
System; authorizing the Consolidated Public Retirement Board to
promulgate a legislative rule relating to the public employees
retirement system; authorizing the Consolidated Public Retirement
Board to promulgate a legislative rule relating to refund,
reinvestment and loan interest factors; authorizing the Division of Personnel to promulgate a legislative rule relating to the
administrative rule of the Division of Personnel; authorizing the
Division of Personnel to promulgate a legislative rule relating to
workers' compensation TTD rule; authorizing the Division of
Personnel to promulgate a legislative rule relating to
interdepartmental transfer rule; and authorizing the Board of Risk
and Insurance Management to promulgate a legislative rule relating
to mine subsidence insurance.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect from passage, and
requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 2670--A Bill to amend and
reenact article 10, chapter 64 of the Code of West Virginia, 1931,
as amended, all relating generally to the promulgation of
administrative rules by the Department of Commerce and the
procedures relating thereto; legislative mandate or authorization
for the promulgation of certain legislative rules by various
executive or administrative agencies of the state; authorizing
certain of the agencies to promulgate certain legislative rules in
the form that the rules were filed in the State Register;
authorizing certain of the agencies to promulgate certain
legislative rules with various modifications presented to and
recommended by the Legislative Rule-Making Review Committee; authorizing certain of the agencies to promulgate certain
legislative rules 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 Office of Miners Health, Safety and
Training to promulgate a legislative rule relating to protective
clothing and equipment; authorizing the Office of Miners Health,
Safety and Training to promulgate a legislative rule relating to
standards for certification of coal mine electricians; authorizing
the Bureau of Employment Programs to promulgate a legislative rule
relating to rules that prohibit agencies from granting, issuing or
renewing approval documents with employing units in default with
the Bureau of Employment Programs; authorizing the Division of
Forestry to promulgate a legislative rule relating to ginseng;
authorizing the Division of Natural Resources to promulgate a
legislative rule relating to commercial whitewater outfitters;
authorizing the Division of Natural Resources to promulgate a
legislative rule relating to special boating rules; authorizing the
Division of Natural Resources to promulgate a legislative rule
relating to deer hunting; authorizing the Division of Natural
Resources to promulgate a legislative rule relating to wildlife
disease management; and authorizing the Division of Natural
Resources to promulgate a legislative rule relating (public use of campgrounds and recreation areas in West Virginia state wildlife
management areas under the Division of Natural Resources.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 2709--A Bill to amend and
reenact §8-19-21 of the Code of West Virginia, 1931, as amended,
relating to municipal and county waterworks systems and
specifications for water mains generally; and requiring the
installation of fire hydrants at intervals of not more than every
two thousand feet on all water mains installed or upgraded on
platted roadways or highways after the first day of July, two
thousand seven.
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 2717--A Bill to amend and
reenact §5-10A-2 of the Code of West Virginia, 1931, as amended; to
amend and reenact §5-10D-1 of said code; and to amend said code by
adding thereto a new article, designated §16-5V-1, §16-5V-2,
§16-5V-3, §16-5V-4, §16-5V-5, §16-5V-6, §16-5V-7, §16-5V-8, §16-5V-9, §16-5V-10, §16-5V-11, §16-5V-12, §16-5V-13, §16-5V-14,
§16-5V-14a, §16-5V-15, §16-5V-16, §16-5V-17, §16-5V-18, §16-5V-19,
§16-5V-20, §16-5V-21, §16-5V-22, §16-5V-23, §16-5V-24, §16-5V-25,
§16-5V-26, §16-5V-27, §16-5V-28, §16-5V-29, §16-5V-30, §16-5V-31,
§16-5V-32, §16-5V-33 and §16-5V-34, all relating to the
Consolidated Public Retirement Board; providing that the board
administer the Emergency Medical Services Retirement System;
establishing the Emergency Medical Services Retirement System;
setting forth definitions including application of honorable
service condition to plan participants; providing effective dates
and voting requirement; establishing federal qualification
requirements; providing for liberal construction; providing that
plan is not a substitute for social security; providing for and
setting membership standards; setting forth required contributions
from members and employers; creating fund and providing for
investments; providing for transfer from Public Employees
Retirement System; setting time limits; setting forth notice
requirements; providing for the commencement of benefits, federal
law maximum benefit limitations, minimum required distributions and
direct rollovers; providing for retirement credited through
member's use of accrued annual or sick leave; providing for
retirement benefits; setting forth annuity options; providing for
refunds in certain circumstances; providing for deferred
retirement; providing for forfeitures of benefits; providing awards and benefits for duty-related disability and for other causes;
requiring physical examinations; establishing criteria for
termination of disability; providing for prior disability;
providing awards and benefits to surviving spouse and additional
death benefits and scholarships for dependent children; providing
for burial benefit; prohibiting double death benefits; establishing
exemption from taxation, garnishment and other process; authorizing
certain deductions; establishing the effect of qualified domestic
relation orders; prohibiting fraud; establishing criminal
penalties; requiring repayment in certain circumstances; providing
for treatment of prior military service; establishing effective
date of the system; providing voluntary employer participation;
establishing starting date for benefits; limiting county liability;
and providing for no forfeiture of benefits if system terminates.
Referred to the Committee on Pensions; and then to the
Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect from passage, and
requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 2747--A Bill to amend the
Code of West Virginia, 1931, as amended, by adding thereto a new
article, designated §21-14-1, §21-14-2, §21-14-3, §21-14-4, §21-
14-5, §21-14-6, §21-14-7, §21-14-8 and §21-14-9; and to amend said
code by adding thereto a new article, designated §29-3D-1, §29-3D-2, §29-3D-3, §29-3D-4, §29-3D-5, §29-3D-6, §29-3D-7,
§29-3D-8 and §29-3D-9, all relating to regulating plumbers and fire
protection workers; requiring plumbers and fire protection workers
to be licensed; defining certain terms; providing certain
exemptions to the requirement of a license; providing rulemaking
authority to establish qualifications, provide exceptions to
examination requirements in certain circumstances, fees,
reciprocity provisions and complaint procedures; providing
enforcement procedures; authorizing fines and criminal penalties
for noncompliance; and providing that no political subdivision of
the state may mandate additional licensing requirements.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 2796--A Bill to amend and
reenact §11-21-12 of the Code of West Virginia, 1931, as amended,
relating to providing a modification reducing federal adjusted
gross income for personal income tax purposes for contributions to
certain West Virginia public institutions of higher education and
certain educational corporations, trusts, funds or foundations; and
specifying limitations.
Referred to the Committee on Education; and then to the Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 2870--A Bill to amend and
reenact §48-26-603 of the Code of West Virginia, 1931, as amended,
relating to authorizing the court to order payment into the
Domestic Violence Legal Services Fund under certain circumstances.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect July 1, 2007, and
requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 2877--A Bill to amend and
reenact §5B-2-12 of the Code of West Virginia, 1931, as amended; to
amend and reenact §15-2-12 of said code; and to amend and reenact
§17C-17B-3 and §17C-17B-4, all relating to the funding of entities
ensuring transportation public safety on state highways;
eliminating certain funding from the State Road Fund or
reimbursement from the Division of Motor Vehicles; and providing
for the funding of a courtesy patrol.
Referred to the Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 2908--A Bill to amend and
reenact §20-2-22a of the Code of West Virginia, 1931, as amended,
relating to removing an outdated reference to the assessed value of
livestock used to determine the value of livestock killed by a
bear.
At the request of Senator Chafin, and by unanimous consent,
reference of the bill to a committee was dispensed with, and it was
taken up for immediate consideration, read a first time and ordered
to second reading.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect from passage, and
requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 2918--A Bill to amend the
Code of West Virginia, 1931, as amended, by adding thereto a new
section, designated §18A-2-5a, relating to authorizing county
boards of education to make certain payments.
Referred to the Committee on Education; and then to the
Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. House Bill No. 2944--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section, designated §16-5C-20, relating to the end-of-life care of residents
of nursing homes; and requiring that certain residents be given
information about the option of hospice palliative care.
Referred to the Committee on Health and Human Resources.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 2945--A Bill to amend the
Code of West Virginia, 1931, as amended, by adding thereto a new
article, designated §11-13W-1, relating to providing for tax
credits for apprenticeship training in construction trades.
Referred to the Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect from passage, and
requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 2973--A Bill finding and
declaring certain claims against the state and its agencies to be
moral obligations of the state; and directing the Auditor to issue
warrants for the payment thereof.
Referred to the Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. House Bill No. 3006--A Bill to amend and reenact §30-20-4 of the Code of West Virginia, 1931, as amended, relating to
limiting the number of terms a member of the Board of Physical
Therapy may serve.
Referred to the Committee on Government Organization.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect January 1, 2008, and
requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 3048--A Bill to amend the
Code of West Virginia, 1931, as amended, by adding thereto a new
section, designated §11-13Q-10a, relating to the economic
opportunity tax credit; providing credit for specified high
technology manufacturers; and specifying definitions.
Referred to the Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 3054--A Bill to amend and
reenact §30-4-4 of the Code of West Virginia, 1931, as amended,
relating to the West Virginia Board of Dental Examiners; changing
the composition of the board; providing that a dental hygienist
connected with a dental college, school or dental department of a
university is eligible for appointment to the board; and requiring
four years to lapse following the completion of two full terms
before a former member may be reappointed to the board.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. House Bill No. 3072--A Bill to amend and reenact §8-13-5
of the Code of West Virginia, 1931, as amended; to amend and
reenact §11-1A-23 of said code; to amend and reenact §11-10-5d of
said code; and to amend and reenact §11A-2-2 of said code, all
relating to local taxation; defining "charitable exemptions" for
purposes of the municipal business and occupation tax; authorizing
disclosure of property tax data by the assessor to the sheriff and
municipal finance officers; authorizing the Division of Taxation to
share with local tax collection authorities federal employer
identification numbers; and authorizing the costs incurred to
collect delinquent taxes to be shared by all levying bodies.
Referred to the Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. House Bill No. 3073--A Bill to amend and reenact §31A-1-2
of the Code of West Virginia, 1931, as amended; and to amend and
reenact §31A-4-13 of said code, all relating to prohibiting
financial institutions, state banks and out-of-state banks from establishing or maintaining a branch in West Virginia on, or within
one and one-half miles of, the premises or property of an
affiliate, if that affiliate engages in commercial activity; and
defining the terms "affiliate" and "commercial activities".
Referred to the Committee on Banking and Insurance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. House Bill No. 3090--A Bill to amend and reenact §19-12A-
1a of the Code of West Virginia, 1931, as amended, relating to the
Weston State Hospital Institutional Farm property; transferring the
Weston State Hospital Institutional Farm to the Department of
Health and Human Resources; permitting the Department of
Agriculture to retain all oil, gas and mineral rights; permitting
the Department of Health and Human Resources to sell the property;
and providing the Lewis County Commission retain ownership of the
communication tower located on the property.
At the request of Senator Chafin, and by unanimous consent,
reference of the bill to a committee was dispensed with, and it was
taken up for immediate consideration, read a first time and ordered
to second reading.
Executive Communications
Senator Tomblin (Mr. President) laid before the Senate the
following communication from His Excellency, the Governor, regarding annual reports, which communication was received:
STATE OF WEST VIRGINIA
OFFICE OF THE GOVERNOR
CHARLESTON
February 26, 2007
Senate Executive Message No. 3
The Honorable Earl Ray Tomblin
President, West Virginia Senate
State Capitol
Charleston, West Virginia
Dear President Tomblin:
Pursuant to the provisions of §5-1-20 of the Code of West
Virginia, I hereby certify that the following 2005-2006 annual
reports have been received in the Office of the Governor:
1.Acupuncture Examiners, West Virginia Board of;
2.Access WV (West Virginia Health Insurance Plan), Office
of the State Insurance Commissioner, West Virginia Department of
Revenue;
3.Accountancy, West Virginia Board of;
4.Aeronautics Commission, West Virginia Department of
Transportation;
5.Architects, West Virginia State Board of;
6.Attorney General, Office of the;
7.Banking, Division of, West Virginia Department of Revenue;
8.Barbers and Cosmetologists, Board of, West Virginia
Department of Health and Human Resources;
9.Cancer Registry, West Virginia Department of Health and
Human Resources;
10.Children's Health Insurance Program (CHIP), West Virginia
Department of Administration;
11.Chiropractic, West Virginia Board of;
12.Crime, Delinquency and Correction, Governor's Committee
on;
13.Coal Mine Health and Safety, Board of, and Coal Mine
Safety Technical Review Committee, Office of Miners' Health, Safety
and Training Division, West Virginia Department of Commerce;
14.Commercial Motor Vehicle Weight and Safety Enforcement
Advisory Committee, West Virginia Public Service Commission;
15.Community Corrections Subcommittee, Governor's Committee
on Crime, Delinquency and Correction;
16.Community Well-Being, West Virginia Partnership to
Promote;
17.Consumer Advocate, Office of the, Insurance Commission,
West Virginia Department of Revenue;
18.Consumer Advocate Division, West Virginia Public Service
Commission;
19.Consumer Protection and Antitrust Divisions, Office of the West Virginia Attorney General;
20.Corrections, Division of, West Virginia Department of
Military Affairs and Public Safety;
21.Counseling, West Virginia Board of Examiners in;
22.Court System, West Virginia Supreme Court of Appeals;
23.Deaf and Hard-of-Hearing, Commission for the, West
Virginia Department of Health and Human Resources;
24.Death, Disability and Retirement Fund (Plan A) and State
Police Retirement System (Plan B), Consolidated Public Retirement
Board, West Virginia Department of Administration;
25.Dental Examiners, West Virginia Board of;
26.Disaster Recovery Board, Division of Homeland Security
and Emergency Management, West Virginia Department of Military
Affairs and Public Safety;
27.Economic Development Authority, West Virginia;
28.Employee Suggestion Award Board, West Virginia
Legislature;
29.Equal Employment Opportunity Office, West Virginia;
30.Examiners of Psychologists, West Virginia Board of;
31.Family Protection Services Board, West Virginia
Department of Health and Human Resources;
32.Fire Commission, West Virginia State;
33.Foresters, State Board of Registration for;
34.Funeral Service Examiners, West Virginia Board of;
35.Human Rights Commission, West Virginia;
36.Insurance Commission, West Virginia;
37.Juvenile Services, Division of, West Virginia Department
of Military Affairs and Public Safety;
38.Labor, Division of, West Virginia Department of Commerce;
39.Law-Enforcement Training Subcommittee, Governor's
Committee on Crime, Delinquency and Correction, Division of
Criminal Justice Services, Department of Military Affairs and
Public Safety;
40.Library Commission, West Virginia;
41.Licensed Practical Nurses, West Virginia State Board of
Examiners for (Biennium Report);
42.Logging Sediment Control Act, Division of Forestry, West
Virginia Department of Commerce;
43.Long-Term Care, Office of Health Facility Licensure and
Certification, West Virginia Department of Health and Human
Resources;
44.Medicine, West Virginia Board of, Volumes I and II;
45.Massage Therapy Licensure Board, West Virginia;
46.Mine Inspectors' Examining Board, Office of Miners'
Health, Safety and Training, West Virginia Department of Commerce;
47.Miners' Health, Safety and Training, Office of, West
Virginia Department of Commerce;
48.Motor Vehicles, Division of, West Virginia Department of Transportation;
49.Motorsports Council, West Virginia;
50.Municipal Bond Commission, West Virginia;
51.Natural Resources, Division of, West Virginia Department
of Commerce;
52.Neighborhood Investment Program, Development Office, West
Virginia Department of Commerce;
53.Nursing, West Virginia Center for;
54.Nursing Home Administrators Licensing Board, West
Virginia;
55.Oil and Gas Inspectors' Examining Board, West Virginia
Department of Environmental Protection;
56.Ombudsman for Behavioral Health, Office of, West Virginia
Department of Health and Human Resources;
57.Osteopathy, West Virginia Board of;
58.Personnel, Division of, West Virginia Department of
Administration;
59.Physical Therapy, West Virginia Board of (Biennium
Report);
60.Planning and Development Council, Region VII;
61.Poison Center, Robert C. Byrd Health Sciences Center;
62.Prevention of Suicide, Council for, West Virginia
Department of Health and Human Resources;
63.Professional Engineers of West Virginia, State Board of Registration for;
64.Public Broadcasting, West Virginia;
65.Public Defender Services, West Virginia (2004-2005);
66.Purchase of Commodities and Services from the
Handicapped, Governor's Committee for, West Virginia Department of
Administration;
67.Radiologic Technology Examiners, West Virginia Board of;
68.Real Estate Commission, West Virginia;
69.Regional Intergovernmental Council, Counties of Boone,
Clay, Kanawha and Putnam;
70.Registered Professional Nurses, West Virginia Board of
Examiners for;
71.Risk and Insurance Management, Board of, West Virginia
Department of Administration;
72.Ron Yost Personal Assistance Services Board, West
Virginia Statewide Independent Living Council, West Virginia
Division of Rehabilitation Services;
73.Sanitarians, West Virginia Board of Registration for;
74.School of Medicine, West Virginia University;
75.Senior Services, West Virginia Bureau of;
76.Social Work Examiners, West Virginia Board of;
77.Speech-Language Pathology and Audiology, West Virginia
Board of Examiners for;
78.State Police, West Virginia;
79.State Rehabilitation Council, West Virginia, Division of
Rehabilitation Services, West Virginia Department of Education and
the Arts;
80.Statewide Independent Living Council, West Virginia,
Division of Rehabilitation Services, West Virginia Department of
Education and the Arts;
81.Support Enforcement Commission, West Virginia, Bureau for
Child Support Enforcement, West Virginia Department of Health and
Human Resources;
82.Transportation Coordinating Council, Division of Public
Transit, West Virginia Department of Transportation;
83.Treasury Investments, West Virginia Board of;
84.Veterinary Medicine, West Virginia Board of;
85.Water Development Authority, West Virginia;
86.Workers' Compensation Office of Judges Report on Time
Standards Compliance, Office of the Insurance Commissioner, West
Virginia Department of Revenue;
87.Workforce Investment Board, Inc., Northern Panhandle;
88.Youth Services, West Virginia Department of Health and
Human Resources;
Very truly yours,
Joe Manchin III,
Governor.
The Senate proceeded to the fourth order of business.
Senator Bowman, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
Senate Bill No. 582, Creating Real Estate Division in
Department of Administration.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 582 (originating in the
Committee on Government Organization)--A Bill to repeal §5A-3-38,
§5A-3-39, §5A-3-40, §5A-3-40a and §5A-3-41 of the Code of West
Virginia, 1931, as amended; to repeal §20-1A-1, §20-1A-2, §20-1A-3,
§20-1A-4, §20-1A-5, §20-1A-6, §20-1A-8 and §20-1A-9 of said code;
to amend said code by adding thereto a new article, designated
§5A-10-1, §5A-10-2, §5A-10-3, §5A-10-4, §5A-10-5, §5A-10-6,
§5A-10-7, §5A-10-8, §5A-10-9, §5A-10-10 and §5A-10-11; to amend
said code by adding thereto a new article, designated §5A-11-1,
§5A-11-2, §5A-11-3, §5A-11-4, §5A-11-5, §5A-11-6, §5A-11-7 and
§5A-11-8; to amend and reenact §5F-2-1 and §5F-2-2 of said code;
and to amend and reenact §20-1-7 of said code, all relating to the
creation of the Real Estate Division in the Department of
Administration; providing the Real Estate Division approval of
leases; exempting the acquisition and management of public lands
and streams by the Division of Natural Resources; creating the position of Executive Director of the Real Estate Division;
granting the division authority; requiring inspection of leased or
rental property; requiring agencies to maintain and submit real
estate inventory records to the Real Estate Division; requiring
review of real property inventory; granting rule-making authority;
transferring the Public Land Corporation to the Real Estate
Division; continuing the Public Land Corporation's board of
directors; continuing the Public Land Corporation powers and duties
related to the acquisition, leasing, development, disposition and
use of public lands; requiring sales of public land to be conducted
by competitive bidding and exceptions; requiring public hearing
before the sale, lease, exchange or transfer of land or minerals;
requiring competitive bidding and notice before the development or
extraction of minerals and related standards; and providing for the
transfer and transition of the Public Land Corporation to the Real
Estate Division.
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,
Edwin J. Bowman,
Chair.
At the request of Senator Helmick, 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 Bowman, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 582) was taken up for
immediate consideration, read a first time and ordered to second
reading.
The Senate proceeded to the sixth order of business.
Senators Plymale, Prezioso, Stollings, Edgell, Kessler, Unger,
Jenkins, McCabe, Oliverio and Foster offered the following
resolution:
Senate Resolution No. 38--Designating February 27, 2007, as
"Marshall University Day".
Whereas, Marshall University has gained international acclaim
through the Warner Bros, film, We Are Marshall, and the stage has
been set for future fame, accomplishment and success; and
Whereas, Marshall University is gaining worldwide prominence
as a premier institution of higher education and is a home away
from home to thousands of West Virginia's young people; and
Whereas, Marshall University is serving students and other
West Virginians in all 55 counties; and
Whereas, Marshall University is an economic engine, driving
millions of dollars into the state economy through its people,
places and programs; and
Whereas, Marshall University is poised to become a premier research facility through ongoing efforts at the Robert C. Byrd
Biotechnology Science Center and the Forensic Science Center; and
Whereas, Marshall University has received its first royalty
check for cutting-edge technology developed by a collaborative team
at the Nick J. Rahall II Appalachian Transportation Institute and
Marshall University's College of Science; and
Whereas, Marshall University continues to deliver
state-of-the-art health care to southern West Virginia through its
Joan C. Edwards School of Medicine; and
Whereas, Marshall University's Faculty Senate is observing 20
years of creating and nurturing a growing and dynamic team of
eager, dedicated and talented faculty; and
Whereas, Marshall University's W. Page Pitt School of
Journalism and Mass Communication is marking its 80th year
educating journalists and media specialists who are a daily and
integral part of the West Virginia working press; and
Whereas, Marshall University has more than 80,000 alumni
worldwide; therefore, be it
Resolved by the Senate:
That the Senate hereby designates February 27, 2007, as
"Marshall University Day"; and, be it
Further Resolved, That the Senate recognizes the students,
staff, faculty, administrators, friends and fans of Marshall
University for their support of this University and the great State of West Virginia; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to Dr. Stephen J. Kopp, President of
Marshall University.
At the request of Senator Plymale, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.
On motion of Senator Chafin, the Senate recessed for one
minute.
Upon expiration of the recess, the Senate reconvened.
Senator Chafin announced that in the meeting of the Committee
on Rules previously held, the committee, in accordance with rule
number seventeen of the Rules of the Senate, had removed from the
Senate third reading calendar, Engrossed Senate Bill No. 563; and
from the Senate second reading calendar, Committee Substitute for
Senate Bill No. 509.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 47, Requesting Joint
Committee on Government and Finance study mandatory drug testing
for student athletes.
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.
Senate Concurrent Resolution No. 48, Requesting Legislative Oversight Commission on Education Accountability explore options to
improve school health.
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.
Senate Concurrent Resolution No. 49, Urging Governor sponsor
establishment and maintenance of state cemetery for veterans.
On unfinished business, coming up in regular order, was
reported by the Clerk.
The question being on the adoption of the resolution, the same
was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Senate Concurrent Resolution No. 50, Requesting WV
congressional delegation sponsor national veterans' cemetery in
southern WV.
On unfinished business, coming up in regular order, was
reported by the Clerk.
The question being on the adoption of the resolution, the same
was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Senate Concurrent Resolution No. 51, Requesting Governor
proclaim December 7th each year "State Day of Remembrance" honoring WV WWII patriots.
On unfinished business, coming up in regular order, was
reported by the Clerk.
The question being on the adoption of the resolution, the same
was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
The Senate proceeded to the eighth order of business.
Eng. Com. Sub. for Senate Bill No. 55, Updating mortality
tables used in life estate valuation.
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, McKenzie, Minard, Oliverio, Plymale, Prezioso,
Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
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. 55) 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, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse,
Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr.
President)--33.
The nays were: None.
Absent: Sharpe--1.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 55) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Senate Bill No. 82, Creating Eyewitness
Identification Reform Act.
On third 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. 84, Allowing county boards of
education enter into lease-purchase agreement for land, buildings
and equipment.
On third reading, coming up in regular order, with the right having been granted on yesterday, Monday, February 26, 2007, for
amendments to be received on third reading, was reported by the
Clerk.
There being no amendments offered,
The bill was then ordered to engrossment.
Engrossed Committee Substitute for Senate Bill No. 84 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, McKenzie, Minard, Oliverio, Plymale, Prezioso,
Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr.
President)--32.
The nays were: Sprouse--1.
Absent: Sharpe--1.
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. 84) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Com. Sub. for Senate Bill No. 100,
Requiring local school boards reimburse mileage to school service
personnel using own vehicle.
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, McKenzie, Minard, Oliverio, Plymale, Prezioso,
Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for Com. Sub. for S. B. No. 100) passed with its title.
Senator Chafin moved that the bill take effect July 1, 2007.
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, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse,
Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr.
President)--33.
The nays were: None.
Absent: Sharpe--1.
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 Com. Sub. for S. B. No. 100) takes effect July 1, 2007.
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. 185, Creating Tobacco
Settlement Finance Authority.
On third reading, coming up in regular order, was reported by
the Clerk.
At the request of Senator Helmick, unanimous consent was
granted to offer amendments to the bill on third reading.
Thereupon, on motion of Senator Helmick, the following
amendments to the bill were reported by the Clerk, considered
simultaneously, and adopted:
On page twenty-four, section twelve, lines nine and ten, by
striking out the words "not less than seven hundred fifty" and
inserting in lieu thereof the words "more than eight hundred";
And,
On page twenty-five, section twelve, lines forty-seven and
forty-eight, by striking out the words "seven hundred fifty" and
inserting in lieu thereof the words "eight hundred".
The bill, as just amended, was again ordered to engrossment.
Engrossed Committee Substitute for Senate Bill No. 185 was
then read a third time and put upon its passage.
Pending extended discussion,
The question being "Shall Engrossed Committee Substitute for Senate Bill No. 185 pass?"
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, McKenzie, Oliverio, Plymale, Prezioso, Sprouse,
Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr.
President)--32.
The nays were: Minard--1.
Absent: Sharpe--1.
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. 185) 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, McKenzie, Oliverio, Plymale, Prezioso, Sprouse, Stollings,
Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--32.
The nays were: Minard--1.
Absent: Sharpe--1.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 185) 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. 203, Creating Purchasing Improvement
Fund.
On third 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.
Eng. Com. Sub. for Senate Bill No. 361, Establishing work
programs for qualified inmates.
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, McKenzie, Minard, Oliverio, Plymale, Prezioso,
Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
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. 361) 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. 406, Including qualified continuing care
retirement communities under Tax Limitations Amendment provisions.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning,
Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler,
Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso,
Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 406) 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. 441, Relating to wind power projects tax
treatment.
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, McKenzie, Minard, Oliverio, Plymale, Prezioso,
Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 441) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Com. Sub. for Senate Bill No. 452, Creating
WV Kids First 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, McKenzie, Minard, Oliverio, Plymale, Prezioso,
Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for Com. Sub. for S. B. No. 452 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. 475, Allowing appellant
file stay with Board of Zoning 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: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning,
Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler,
Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso,
Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
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. 475) 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. 518, Conforming WV Works
Program with federal law requirements.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning,
Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler,
Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso,
Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
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. 518) 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. 524, Requiring proof of
lawful disposal of solid waste.
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, McKenzie, Minard, Oliverio, Plymale, Prezioso,
Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
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. 524) 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, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse,
Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr.
President)--33.
The nays were: None.
Absent: Sharpe--1.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 524) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Senate Bill No. 529, Prohibiting
requirement that sexual offense victims pay costs of forensic
examination.
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, McKenzie, Minard, Oliverio, Plymale, Prezioso,
Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
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. 529) 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. 561, Removing exemption for certain
salvage yards from screening provisions.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning,
Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler,
Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso,
Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 561) 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. 563, Authorizing Joint Committee on
Government and Finance to appoint certain Court of Claims' clerks.
Having been removed from the Senate third reading calendar in
earlier proceedings today, no further action thereon was taken.
Eng. Com. Sub. for Senate Bill No. 599, Eliminating early
resignation notification bonus for certain teachers.
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, McKenzie, Minard, Oliverio, Plymale, Prezioso,
Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
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. 599) 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. 610, Relating to electronic
voting systems generally.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning,
Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler,
Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso,
Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
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. 610) 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. 612, Increasing criminal
penalties for violations of certain hunting and fishing laws by
nonresidents.
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, McKenzie, Minard, Oliverio, Plymale, Prezioso,
Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
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. 612) 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. 617, Requiring voter
history on statewide registration 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, McKenzie, Minard, Oliverio, Plymale, Prezioso,
Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
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. 617) 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. 626, Relating to child advocacy centers.
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, McKenzie, Minard, Oliverio, Plymale, Prezioso,
Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 626) 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. 631, Providing refundable exemption for certain contractor purchases.
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, McKenzie, Minard, Oliverio, Plymale, Prezioso,
Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 631) 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. 654, Reconstituting
Hatfield-McCoy Regional Recreation Authority governing board.
On third 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.
Eng. Com. Sub. for Senate Bill No. 679, Relating to Water Resource Protection and Management 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, McKenzie, Minard, Oliverio, Plymale, Prezioso,
Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
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. 679) 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. 681, Relating to WV Capital
Company Act.
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 Plymale moved to be
excused from voting under rule number forty-three of the Rules of
the Senate, which motion prevailed.
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, McKenzie, Minard, Oliverio, Prezioso, Sprouse,
Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr.
President)--32.
The nays were: None.
Absent: Sharpe--1.
Excused from voting: Plymale--1.
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. 681) 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. 704, Establishing certain criminal
penalties relating to nonprofit corporations' crimes.
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, McKenzie, Minard, Oliverio, Plymale, Prezioso,
Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 704) 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. 707, Increasing jail processing fee
amount.
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, McKenzie, Minard, Oliverio, Plymale, Prezioso,
Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 707) 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. 721, Relating to tax map sales.
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, McKenzie, Minard, Oliverio, Plymale, Prezioso,
Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
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. 721) 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. 745, Relating to selling and serving
beverages in public schools.
On third 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.
Eng. Senate Bill No. 746, Requiring Director of Division of Personnel report on centralized personnel 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, McKenzie, Minard, Oliverio, Plymale, Prezioso,
Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 746) 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, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse,
Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr.
President)--33.
The nays were: None.
Absent: Sharpe--1.
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. 746) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Senate Bill No. 747, Creating Municipal Home Rule Pilot
Program.
On third reading, coming up in regular order, with the right
having been granted on yesterday, Monday, February 26, 2007, for
amendments to be received on third reading, was reported by the
Clerk.
On motion of Senator Bowman, the following amendments to the
bill were reported by the Clerk, considered simultaneously, and
adopted:
O
n page four, section five-a, lines fifty-one through sixty-
two, by striking out all of subsection (e) and inserting in lieu
thereof a new subsection (e), to read as follows:
(e) Effective the first day of July, two thousand seven, there
is hereby created a Municipal Home Rule Board consisting of the
following seven members:
(1) The Governor, or a designee, who shall serve as chair;
(2) The Executive Director of the West Virginia Development
Office, or a designee;
(3) The chair of the Senate Committee on Government
Organization, or a designee;
(4) The chair of the House of Delegates Committee on
Government Organization, or a designee; and
(5) Three members representing the business community as
follows:
(A) One member shall be a representative of a local chamber of
commerce, selected by the West Virginia State Chamber of Commerce,
and shall be from the first congressional district;
(B) One member shall be a representative of the Business and
Industry Council, and shall be from the second congressional
district; and
(C) One member shall be a representative of Vision Shared,
Inc., and shall be from the third congressional district.;
And,
On page seven, section five-a, line one hundred fifteen, after
the word "thirteen." by striking out the remainder of the
subsection.
The bill, as just amended, was ordered to engrossment.
Engrossed Senate Bill No. 747 was then 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, McKenzie, Minard, Oliverio, Plymale, Prezioso,
Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 747) passed with its title.
Senator Chafin moved that the bill take effect July 1, 2007.
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, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse,
Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr.
President)--33.
The nays were: None.
Absent: Sharpe--1.
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. 747) takes effect July 1, 2007.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 748, Relating to structuring Electronic
Telecommunication Open Infrastructure 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, McKenzie, Minard, Oliverio, Plymale, Prezioso,
Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 748) 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, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse,
Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr.
President)--33.
The nays were: None.
Absent: Sharpe--1.
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. 748) 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 Chafin, the Senate recessed until 5 p.m.
today.
Upon expiration of the recess, the Senate reconvened and, at
the request of Senator Chafin, and by unanimous consent, returned
to the fourth order of business.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Com. Sub. for Senate Bill No. 121 (originating in the
Committee on Military), Tolling state licensure or registration
requirements for active duty military personnel.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Com. Sub. for Senate Bill No. 121 (originating
in the Committee on Finance)--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §15-1F-1b, relating to tolling any state licensure or
registration requirement for persons on active duty in the National
Guard or other reserve component of the armed services of the
United States.
With the recommendation that the committee substitute for committee substitute do pass.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being
granted, the bill (Com. Sub. for Com. Sub. for S. B. No. 121)
contained in the preceding report from the Committee on Finance was
taken up for immediate consideration, read a first time and ordered
to second reading.
Senator Prezioso, from the Committee on 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. 447, Regulating opioid treatment centers.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 447 (originating in the
Committee on Health and Human Resources)--A Bill
to amend and
reenact §16-1-4 of the Code of West Virginia, 1931, as amended,
relating generally to the regulation of opioid treatment centers;
and providing for specific minimum requirements established by the
rules provided in said section.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
At the request of Senator Prezioso, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 447) contained in the
preceding report from the Committee on Health and Human Resources
was taken up for immediate consideration, read a first time and
ordered to second reading.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Com. Sub. for Senate Bill No. 521, Relating to civil penalties
issued for criminal and civil violations in Hatfield-McCoy Regional
Recreation Area.
Now on second reading, having been read a first time and
referred to the Committee on Finance on February 20, 2007;
And,
Senate Bill No. 667, Creating WV Andrew J. Trail Purple Heart
Recipient College Bill of Rights Act of 2007.
Now on second reading, having been read a first time and
referred to the Committee on Finance on February 23, 2007;
And reports the same back with the recommendation that they
each do pass.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being
granted, the bills (Com. Sub. for S. B. No. 521 and S. B. No. 667)
contained in the preceding report from the Committee on Finance
were each taken up for immediate consideration, read a second time
and ordered to engrossment and third reading.
Senator Minard, from the Committee on Banking and Insurance
,
submitted the following report, which was received:
Your Committee on
Banking and Insurance
has had under
consideration
Senate Bill No. 559, Authorizing Insurance Commissioner
propose rules related to military personnel insurance.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 559 (originating in the
Committee on
Banking and Insurance
)--A Bill
to amend the Code of
West Virginia, 1931, as amended, by adding thereto a new section,
designated §33-4-21, relating to predatory insurance sales
practices; and authorizing the Insurance Commissioner to promulgate
emergency rules to protect military personnel.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Joseph M. Minard,
Chair.
At the request of Senator Minard, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 559) contained in the
preceding report from the Committee on Banking and Insurance was
taken up for immediate consideration, read a first time and ordered
to second reading.
Senator Minard, from the Committee on Banking and Insurance
,
submitted the following report, which was received:
Your Committee on
Banking and Insurance
has had under
consideration
Senate Bill No. 568, Requiring automobile insurers reduce
premium charges for persons fifty years of age or older.
And,
Senate Bill No. 739, Relating to disclosure of transactions
with affiliates and other related parties.
And reports the same back with the recommendation that they
each do pass.
Respectfully submitted,
Joseph M. Minard,
Chair.
At the request of Senator Minard, unanimous consent being
granted, the bills (S. B. Nos. 568 and 739) contained in the
preceding report from the Committee on Banking and Insurance were
each taken up for immediate consideration, read a first time and
ordered to second reading.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 669, Allowing Commissioner of Highways
transfer cash surpluses among agency funds.
And has amended same.
Now on second reading, having been read a first time and
referred to the Committee on Finance on February 23, 2007;
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being
granted, the bill (S. B. No. 669) contained in the preceding report
from the Committee on Finance was taken up for immediate
consideration and read a second time.
The following amendments to the bill, from the Committee on
Finance, were reported by the Clerk, considered simultaneously, and
adopted:
On page six, section eight, line four, after the word "with"
by inserting the word "the";
On page seven, section eight, line twenty-three, by striking
out the word "and";
And,
On page eight, section eight, line ten, after the word
"transferred" by changing the period to a colon and adding the
following: Provided further, That all amounts transferred shall be
repaid within the same fiscal year.
(42) Take actions necessary to alleviate any conditions that
the commissioner determines to constitute an emergency, if the
emergency condition affects areas normally under the jurisdiction
of the Division of Highways; and
(43) At the request of a funeral home, take any action
necessary to make a private road into a cemetery passable for
vehicles for the transportation of a body to the cemetery for
internment.
The bill (S. B. No. 669), as amended, was then ordered to
engrossment and third reading.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 690, Exempting consumers sales and service tax
on highway construction and maintenance materials.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being
granted, the bill (S. B. No. 690) contained in the preceding report
from the Committee on Finance was taken up for immediate
consideration, read a first time and ordered to second reading.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Com. Sub. for Senate Bill No. 744 (originating in the
Committee on Transportation and Infrastructure), Creating Highway
Corridor Infrastructure Assistance Program.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Com. Sub. for Senate Bill No. 744 (originating
in the Committee on Finance)--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §31-15A-25, relating to infrastructure planning for new
roads; defining terms; setting forth legislative findings; creating
a Highway Corridor Infrastructure Assistance Program; creating a
Highway Corridor Infrastructure Planning Team; team members;
expense reimbursement; powers and duties; creating a special
revenue account; tax credits; transfer of infrastructure
development; and funding requirements.
With the recommendation that the committee substitute for
committee substitute do pass.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being
granted, the bill (Com. Sub. for Com. Sub. for S. B. No. 744)
contained in the preceding report from the Committee on Finance was
taken up for immediate consideration, read a first time and ordered
to second reading.
Senator 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. 755 (originating in the Committee on the
Judiciary)--A Bill to amend and reenact §46A-6H-3 of the Code of
West Virginia, 1931, as amended, relating to requiring court
approval for certain structured settlement transfers; enhancing
protection for consumers; requiring appointment of guardian ad
litem; payment of guardian ad litem, attorneys' fees and costs;
required findings; and standard of proof.
And,
Senate Bill No. 756 (originating in the Committee on the
Judiciary)--A Bill to amend and reenact §30-29-1 and §30-29-5 of
the Code of West Virginia, 1931, as amended, all relating to
homeland security and law enforcement generally; improving homeland
security by improving information transfer between agencies;
including Secretary of Military Affairs and Public Safety in
definition of "chief executive of a law-enforcement agency";
modifying the definition of "law-enforcement officer" to include certain Public Service Commission motor carrier inspectors and
enforcement officers; and providing certain certification
requirements are applicable to Public Service Commission motor
carrier inspectors and enforcement officers by the first day of
July, two thousand seven.
And reports the same back with the recommendation that they
each do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bills (S. B. Nos. 755 and 756) contained in the
preceding report from the Committee on the Judiciary were each
taken up for immediate consideration, read a first time and ordered
to second reading.
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. 757 (originating in the Committee on the
Judiciary)--A Bill to extend the time for the town council of the
town of Smithers, Fayette County, to meet as a levying body for the
purpose of presenting to the voters of the town an election to
continue an additional town levy for solid waste services and
retirement benefits from between the seventh and twenty-eighth days
of March and the third Tuesday in April until the thirty-first day
of March, two thousand seven.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (S. B. No. 757) contained in the preceding report
from the Committee on the Judiciary was taken up for immediate
consideration, read a first time and ordered to second reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey,
Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer,
Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins,
Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale,
Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder
and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
The bill was read a second time and ordered to engrossment and
third reading.
Engrossed Senate Bill No. 757 was then 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, McKenzie, Minard, Oliverio, Plymale, Prezioso,
Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 757) 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, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse,
Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr.
President)--33.
The nays were: None.
Absent: Sharpe--1.
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. 757) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
The Senate proceeded to the ninth order of business.
Com. Sub. for Senate Bill No. 21, Restricting licensee's work
until adverse judgment satisfied.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 64, Expanding Route 2 and Interstate 68
Authority territory.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Com. Sub. for Com. Sub. for Senate Bill No. 67, Relating to
school access safety generally.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Com. Sub. for Com. Sub. for Senate Bill No. 95, Relating to
requiring county boards of education make available certain
training to teachers' aides.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey,
Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer,
Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins,
Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale,
Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder
and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
Engrossed Committee Substitute for Committee Substitute for
Senate Bill No. 95 was then 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, McKenzie, Minard, Oliverio, Plymale, Prezioso,
Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for Com. Sub. for S. B. No. 95) passed with its title.
Senator Chafin moved that the bill take effect July 1, 2007.
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, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse,
Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr.
President)--33.
The nays were: None.
Absent: Sharpe--1.
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 Com. Sub. for S. B. No. 95) takes effect July 1,
2007.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Com. Sub. for Senate Bill No. 117, Relating to determining
competency to stand trial.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey,
Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer,
Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins,
Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale,
Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder
and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
Engrossed Committee Substitute for Senate Bill No. 117 was
then 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, McKenzie, Minard, Oliverio, Plymale, Prezioso,
Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
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. 117) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Com. Sub. for Senate Bill No. 129, Authorizing PEIA to
transfer excess reserve funds to Retiree Health Benefit Trust Fund.
On second reading, coming up in regular order, was read a
second time.
On motion of Senator Plymale, the following amendments to the
bill were reported by the Clerk, considered simultaneously, and
adopted:
After the enacting section by inserting the following:
ARTICLE 16. WEST VIRGINIA PUBLIC EMPLOYEES INSURANCE ACT.
§5-16-25. Reserve fund.
Upon the effective date of this section, the finance board
shall establish and maintain a reserve fund for the purposes of
offsetting unanticipated claim losses in any fiscal year.
Beginning with the fiscal year two thousand two plan and for each
succeeding fiscal year plan, the finance board shall transfer ten
percent of the projected total plan costs for that year into the
reserve fund, which is to be certified by the actuary and included in the final, approved financial plan submitted to the Governor and
Legislature in accordance with the provisions of this article. Any
moneys saved in a plan year shall be transferred into the reserve
fund. At the close of any fiscal year in which the balance in the
reserve fund exceeds the recommended reserve amount by fifteen
percent, the executive director shall transfer that amount to the
fund established in section fourteen-a, article two, chapter five-a
of this code for appropriation by the Legislature West Virginia
Retiree Health Benefit Trust Fund created in section two, article
sixteen-d of this chapter.;
And,
By striking out the enacting section and inserting in lieu
thereof a new enacting section, to read as follows:
That §5-16-25 of the Code of West Virginia, 1931, as amended,
be amended and reenacted; and that §5-16D-1 and §5-16D-6 of said
code be amended and reenacted, all to read as follows:.
The bill (Com. Sub. for S. B. No. 129), as amended, was then
ordered to engrossment and third reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey,
Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer,
Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins,
Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale,
Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
Engrossed Committee Substitute for Senate Bill No. 129 was
then 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, McKenzie, Minard, Oliverio, Plymale, Prezioso,
Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
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. 129) passed.
On motion of Senator Plymale, the following amendment to the
title of the bill was reported by the Clerk and adopted:
Eng. Com. Sub. for Senate Bill No. 129--A Bill to amend and
reenact §5-16-25 of the Code of West Virginia, 1931, as amended;
and to amend and reenact §5-16d-1 and §5-16d-6 of said code, all
relating generally to the Public Employees Insurance Agency; and
the allocation by the Public Employees Insurance Agency Finance
Board of employer contributions to the West Virginia Retiree Health
Benefit Trust Fund.
Senator Chafin moved that the bill take effect July 1, 2007.
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, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse,
Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr.
President)--33.
The nays were: None.
Absent: Sharpe--1.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 129) takes effect July 1, 2007.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Com. Sub. for Senate Bill No. 165, Creating funding program
for certain schools instituting school uniform policies.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey,
Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer,
Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins,
Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale,
Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder
and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
Engrossed Committee Substitute for Senate Bill No. 165 was
then 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, McKenzie, Minard, Oliverio, Plymale, Prezioso,
Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
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. 165) passed with its title.
Senator Chafin moved that the bill take effect July 1, 2007.
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, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse,
Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr.
President)--33.
The nays were: None.
Absent: Sharpe--1.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 165) takes effect July 1, 2007.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Com. Sub. for Com. Sub. for Senate Bill No. 175, Creating
Clandestine Drug Laboratory Remediation Act.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey,
Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer,
Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins,
Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale,
Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder
and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
Engrossed Committee Substitute for Committee Substitute for
Senate Bill No. 175 was then 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, McKenzie, Minard, Oliverio, Plymale, Prezioso,
Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for Com. Sub. for S. B. No. 175) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Com. Sub. for Senate Bill No. 189, Creating Marriage and
Family Therapy Board of Examiners.
On second reading, coming up in regular order, was read a
second time.
On motion of Senator Bowman, the following amendments to the
bill were reported by the Clerk, considered simultaneously, and
adopted:
On page seven, section five, line three, by striking out the
word "three" and inserting in lieu thereof the word "five";
On page seven, section five, line eight, by striking out the
word "Two" and inserting in lieu thereof the word "Four";
On page seven, section five, line nine, by striking out the
word "three" and inserting in lieu thereof the word "five";
On page seven, section five, line eleven, by striking out the
word "one" and inserting in lieu thereof the word "two";
On page eight, section five, line twelve, by striking out the
word "one" and inserting in lieu thereof the word "two";
On pages seventeen and eighteen, section eleven, by striking out all of lines one through six and inserting in lieu thereof the
following:
Prior to the first day of July, two thousand ten, the board
may issue a license to practice marriage and family therapy, under
the provisions of this article, to a person who meets the following
requirements:
(1) Has provided marriage and family therapy services for at
least five years, as approved by the board;
(2) (A) Is a clinical member in good standing of an
appropriate professional organization, as approved by the board; or
(B) Is licensed, in good standing, in West Virginia as a
physician, nurse, psychologist, social worker or counselor;
(3) Has satisfied the board that he or she is minimally
qualified by education and training to practice marriage and family
therapy.;
On page twenty-one, section sixteen, by striking out section
sixteen in its entirety;
By renumbering the remaining sections;
And,
By striking out the enacting section and inserting in lieu
thereof a new enacting section, to read as follows:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new article, designated §30-41-1, §30-41-2,
§30-41-3, §30-41-4, §30-41-5, §30-41-6, §30-41-7, §30-41-8,
§30-41-9, §30-41-10, §30-41-11, §30-41-12, §30-41-13, §30-41-14,
§30-41-15, §30-41-16, §30-41-17, §30-41-18, §30-41-19, §30-41-20, §30-41-21, §30-41-22, §30-41-23 and §30-41-24, all to read as
follows:.
The bill (Com. Sub. for S. B. No. 189), as amended, was then
ordered to engrossment and third reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey,
Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer,
Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins,
Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale,
Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder
and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
Engrossed Committee Substitute for Senate Bill No. 189 was
then 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, McKenzie, Minard, Oliverio, Plymale, Prezioso,
Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
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. 189) passed.
On motion of Senator Bowman, the following amendment to the
title of the bill was reported by the Clerk and adopted:
Eng. Com. Sub. for Senate Bill No. 189--A Bill to amend the
Code of West Virginia, 1931, as amended, by adding thereto a new
article, designated §30-41-1, §30-41-2, §30-41-3, §30-41-4, §30-41-
5, §30-41-6, §30-41-7, §30-41-8, §30-41-9, §30-41-10, §30-41-11,
§30-41-12, §30-41-13, §30-41-14, §30-41-15, §30-41-16, §30-41-17,
§30-41-18, §30-41-19, §30-41-20, §30-41-21, §30-41-22, §30-41-23
and §30-44-24, all relating to regulating the practice of marriage
and family therapy; legislative findings; definitions; creating the
Marriage and Family Therapy Board of Examiners; powers and duties
of the board; license and temporary permit requirements;
exemptions; scope of practice; hearing and notice requirements;
providing a civil cause of action; criminal penalties; and
continuation of the board.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Com. Sub. for Senate Bill No. 201, Relating to payment of
certain costs in worthless check cases.
On second reading, coming up in regular order, was reported by
the Clerk.
On motion of Senator Kessler, the bill was recommitted to the
Committee on the Judiciary.
Com. Sub. for Senate Bill No. 278, Authorizing Department of
Health and Human Resources promulgate legislative rules.
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.
Senate Bill No. 331, Providing circuit judge sentencing
discretion on certain youthful offenders.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Com. Sub. for Com. Sub. for Senate Bill No. 337, Establishing
greenhouse gases inventory program.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 371, Exempting certain professional services
from consumers sales and service tax.
On second reading, coming up in regular order, was read a
second time.
The following amendment to the bill, from the Committee on
Finance, was reported by the Clerk and adopted:
On page three, section eight, line twenty-five, after the word
"brokers" by inserting a comma and the words "licensed surveyors".
The bill (S. B. No. 371), as amended, was then ordered to
engrossment and third reading.
Com. Sub. for Com. Sub. for Senate Bill No. 381, Relating to
insurance fraud.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey,
Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer,
Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins,
Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale,
Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder
and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
Engrossed Committee Substitute for Committee Substitute for
Senate Bill No. 381 was then 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, McKenzie, Minard, Oliverio, Plymale, Prezioso,
Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for Com. Sub. for S. B. No. 381) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Com. Sub. for Senate Bill No. 386, Exempting public disclosure
of specific public utility plant engineering plans.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey,
Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer,
Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins,
Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale,
Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder
and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
Engrossed Committee Substitute for Senate Bill No. 386 was
then 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, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
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. 386) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Senate Bill No. 392, Assessing value of livestock killed by
bears.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Com. Sub. for Com. Sub. for Senate Bill No. 393, Creating
Marketing and Communications Fund.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey,
Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer,
Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins,
Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale,
Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder
and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
Engrossed Committee Substitute for Committee Substitute for
Senate Bill No. 393 was then 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, McKenzie, Minard, Oliverio, Plymale, Prezioso,
Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for Com. Sub. for S. B. No. 393) passed with its title.
Senator Chafin moved that the bill take effect July 1, 2007.
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, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse,
Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr.
President)--33.
The nays were: None.
Absent: Sharpe--1.
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 Com. Sub. for S. B. No. 393) takes effect July 1,
2007.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Com. Sub. for Com. Sub. for Senate Bill No. 400, Appointing
additional circuit court judges.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 403, Increasing sealed bids' limitation for
certain purchases and contracts by ambulance service authorities.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey,
Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer,
Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins,
Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale,
Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder
and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
Engrossed Senate Bill No. 403 was then read a third time and
put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Deem, Edgell, Facemyer, Fanning, Foster,
Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love,
McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse,
Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr.
President)--32.
The nays were: Chafin--1.
Absent: Sharpe--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 403) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Com. Sub. for Senate Bill No. 425, Relating to Water Pollution
Control Revolving Fund loans.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Com. Sub. for Com. Sub. for Senate Bill No. 465, Establishing
Dam Safety Rehabilitation Revolving Fund.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 474, Relating to certain
medicine, podiatry and physician assistant license suspensions.
On second reading, coming up in regular order, was read a
second time.
On motion of Senator Bowman, the following amendments to the
bill were reported by the Clerk, considered simultaneously, and
adopted:
On page twenty-two, section sixteen, line two hundred sixty-
six, after the word "fee" by striking out the words "set by the
board by rule" and inserting in lieu thereof the words "of one
hundred dollars";
On page twenty-two, section sixteen, line two hundred sixty-
seven, after the word "fee" by striking out the comma and the words
"set by the board by rule" and inserting in lieu thereof the words
"of fifty dollars";
And,
On page twenty-two, section sixteen, line two hundred sixty-
nine, after the word "fee" by striking out the comma and the words
"set by the board by rule" and inserting in lieu thereof the words
"of twenty-five dollars".
The bill (Com. Sub. for S. B. No. 474), as amended, was then
ordered to engrossment and third reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey,
Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer,
Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins,
Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale,
Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
Engrossed Committee Substitute for Senate Bill No. 474 was
then 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, McKenzie, Minard, Oliverio, Plymale, Prezioso,
Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
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. 474) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Senate Bill No. 490, Relating to Underground Storage Tank
Insurance Fund.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer,
Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins,
Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale,
Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder
and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
Engrossed Senate Bill No. 490 was then 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, McKenzie, Minard, Oliverio, Plymale, Prezioso,
Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 490) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Com. Sub. for Senate Bill No. 509, Regulating all-terrain
vehicles.
Having been removed from the Senate second reading calendar in
earlier proceedings today, no further action thereon was taken.
Senate Bill No. 510, Allowing State Board of Education members
participate in public employees insurance program.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey,
Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer,
Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins,
Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale,
Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder
and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
Engrossed Senate Bill No. 510 was then 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, McKenzie, Minard, Oliverio, Plymale, Prezioso,
Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S.
B. No. 510) 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, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse,
Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr.
President)--33.
The nays were: None.
Absent: Sharpe--1.
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. 510) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Com. Sub. for Senate Bill No. 523, Consolidating and
eliminating certain Division of Motor Vehicles' fees.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 526, Relating to political activities of
deputy sheriffs and municipal police officers.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey,
Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer,
Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins,
Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale,
Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder
and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
Engrossed Senate Bill No. 526 was then 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, McKenzie, Minard, Oliverio, Plymale, Prezioso,
Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 526) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Com. Sub. for Com. Sub. for Senate Bill No. 541, Relating to
public school finance.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Com. Sub. for Com. Sub. for Senate Bill No. 544, Relating to
parental notification requirements for unemancipated minors
obtaining abortions.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 550, Eliminating bond requirement for person
authorized to perform marriages.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey,
Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer,
Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins,
Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale,
Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder
and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
Engrossed Senate Bill No. 550 was then 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, McKenzie, Minard, Oliverio, Plymale, Prezioso,
Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 550) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Senate Bill No. 552, Modifying Water Pollution Control Act to
reflect organizational changes.
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. 565, Requiring certain
partnerships and businesses provide disclosure of organizations'
members' names.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 574, Transferring Weston State Hospital
Institutional Farm to Department of Health and Human Resources.
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. 578, Increasing incremental salary for public employees.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 588, Removing tax expiration date on
manufacturing or production of synthetic fuel from coal.
On second reading, coming up in regular order, was read a
second time.
The following amendment to the bill, from the Committee on
Finance, was reported by the Clerk and adopted:
On page seven, section two-f, line ninety-three, by striking
out the words "for at least one hundred eighty days".
The bill (S. B. No. 588), as amended, was then ordered to
engrossment and third reading.
Com. Sub. for Senate Bill No. 595, Revising workers'
compensation statutes.
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. 606, Distributing application
for absentee voting by electronic mail.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer,
Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins,
Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale,
Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder
and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
Engrossed Committee Substitute for Senate Bill No. 606 was
then 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, McKenzie, Minard, Oliverio, Plymale, Prezioso,
Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
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. 606) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Com. Sub. for Senate Bill No. 607, Providing elected political
party executive committee members' term of office.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey,
Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer,
Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins,
Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale,
Prezioso, Sprouse, Stollings, Unger, Wells, White, Yoder and
Tomblin (Mr. President)--32.
The nays were: Sypolt--1.
Absent: Sharpe--1.
Engrossed Committee Substitute for Senate Bill No. 607 was
then 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, McKenzie, Minard, Oliverio, Plymale, Prezioso,
Sprouse, Stollings, Unger, Wells, White, Yoder and Tomblin (Mr.
President)--32.
The nays were: Sypolt--1.
Absent: Sharpe--1.
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. 607) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Senate Bill No. 608, Disclosing employers in default of
unemployment compensation payments.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 615, Authorizing certain municipalities to
enter into contracts for electric power purchase.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey,
Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer,
Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins,
Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale,
Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder
and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
Engrossed Senate Bill No. 615 was then 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, McKenzie, Minard, Oliverio, Plymale, Prezioso,
Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 615) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Senate Bill No. 616, Relating to election ballots.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey,
Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer,
Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins,
Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale,
Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder
and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
Engrossed Senate Bill No. 616 was then 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, McKenzie, Minard, Oliverio, Plymale, Prezioso,
Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 616) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Senate Bill No. 618, Relating to filing requirements for
write-in candidates.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey,
Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer,
Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins,
Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale,
Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White and
Tomblin (Mr. President)--32.
The nays were: Yoder--1.
Absent: Sharpe--1.
Engrossed Senate Bill No. 618 was then 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, McKenzie, Minard, Oliverio, Plymale, Prezioso,
Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 618) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Com. Sub. for Senate Bill No. 619, Relating to election day
procedures and preparation.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey,
Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer,
Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins,
Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder
and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
Engrossed Committee Substitute for Senate Bill No. 619 was
then 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, McKenzie, Minard, Oliverio, Plymale, Prezioso,
Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
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. 619) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Senate Bill No. 621, Standardizing preferred drug lists and
formularies.
On second reading, coming up in regular order, was read a
second time.
At the request of Senator Bowman, and by unanimous consent,
the bill was advanced to third reading with the right for
amendments to be considered on that reading.
Com. Sub. for Senate Bill No. 629, Relating to certain
exemptions for solid waste facilities.
On second reading, coming up in regular order, was read a
second time.
On motion of Senator Chafin, the following amendments to the
bill were reported by the Clerk, considered simultaneously, and
adopted:
On page nine, section nine-a, line one hundred thirty-eight,
by striking out the word "Fifty" and inserting in lieu thereof the
word "Forty";
And,
On page ten, section nine-a, after line one hundred fifty-
seven, by inserting a new subdivision, designated subdivision (6),
to read as follows:
(6) Ten cents per ton shall be distributed in equal
proportions to the college or colleges located in a contiguous
county to the county in which the landfill is located which
currently provides classes of study in the county in which the
facility is located.
The bill (Com. Sub. for S. B. No. 629), as amended, was then
ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 641, Defining term "PSC motor
carrier inspectors and enforcement officers" for criminal
provisions purposes.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey,
Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning,
Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler,
Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso,
Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin
(Mr. President)--32.
The nays were: Barnes--1.
Absent: Sharpe--1.
Engrossed Committee Substitute for Senate Bill No. 641 was
then 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, McKenzie, Minard, Oliverio, Plymale, Prezioso,
Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
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. 641) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Senate Bill No. 642, Modifying definition of "law-enforcement
officer" to include PSC motor carrier inspectors and enforcement
officers.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey,
Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer,
Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins,
Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale,
Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder
and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
Engrossed Senate Bill No. 642 was then 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, McKenzie, Minard, Oliverio, Plymale, Prezioso,
Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 642) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Com. Sub. for Com. Sub. for Senate Bill No. 650, Relating to
school bus transportation schedules.
On second reading, coming up in regular order, was read a
second time.
On motion of Senator Boley, the following amendments to the
bill were reported by the Clerk, considered simultaneously, and
adopted:
On pages three and four, section forty-eight, lines fourteen
through nineteen, by striking out all of the proviso;
On page seven, section two, lines sixty-one and sixty-two, by
striking out the words "or a formal written request for a waiver
from the limitations";
On page seven, section two, lines sixty-three through sixty-
seven, by striking out all of the proviso;
On pages ten through twenty-one, by striking out all of
section sixteen;
And,
On page two, by striking out the enacting section and
inserting in lieu thereof a new enacting section, to read as
follows:
That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §18-5-48; and that
§18-9D-2 of said code be amended and reenacted, all to read as
follows:.
The bill (Com. Sub. for Com. Sub. for S. B. No. 650), as
amended, was then ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 672, Including boat retailers in
special method for appraising dealer vehicle inventory.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Com. Sub. for Com. Sub. for Senate Bill No. 678, Eliminating
certain taxes for production and severance of coalbed methane.
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. 697, Creating Appalachian Region
Interstate Compact.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 708, Modifying registration requirements of
charities.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer,
Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins,
Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale,
Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder
and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
Engrossed Senate Bill No. 708 was then 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, McKenzie, Minard, Oliverio, Plymale, Prezioso,
Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 708) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Rev. Com. Sub. for Senate Bill No. 712, Relating to wine
regulations.
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. 713, Relating to campaign
finance filings.
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. 738, Requiring WV Parkways,
Economic Development and Tourism Authority present proposed toll
revision to Joint Committee on Government and Finance.
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. 742, Exempting certain airplanes
from personal property tax.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 749, Relating to corporation net income tax.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 750, Reducing rate of corporation net income
tax.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 751, Phasing out business franchise tax.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 752, Creating WV Commercial Intellectual
Property Incentives Tax Act.
On second reading, coming up in regular order, was read a
second time.
At the request of Senator Helmick, and by unanimous consent,
the bill was advanced to third reading with the right for
amendments to be considered on that reading.
Senate Bill No. 753, Filling vacancies in nominations for
general elections.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 754, Clarifying restrictions on certain
political contributions from political committees.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey,
Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer,
Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins,
Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale,
Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder
and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
Engrossed Senate Bill No. 754 was then 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, McKenzie, Minard, Oliverio, Plymale, Prezioso,
Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 754) 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. 2216, Expanding the counties covered by
West Virginia Route 2 and Interstate 68 Authority to include
Cabell, Mason and Jackson counties; and increasing the number of
members.
On second reading, coming up in regular order, was read a
second time.
Senator Oliverio requested unanimous consent that the bill lie
over one day, retaining its place on the calendar.
Which consent was not granted, Senator Facemyer objecting.
Senator Oliverio then moved that the bill lie over one day,
retaining its place on the calendar.
The question being on the adoption of Senator Oliverio's
aforestated motion, the same was put and did not prevail.
Thereafter, the bill (Eng. H. B. No. 2216) was then ordered to
third reading.
Eng. Com. Sub. for House Bill No. 2842, Relating to sale and
serving of beverages in schools.
On second reading, coming up in regular order, was reported by
the Clerk.
At the request of Senator Plymale, unanimous consent being
granted, the bill was laid over one day, retaining its place on the
calendar.
The Senate proceeded to the tenth order of business.
Senate Bill No. 614, Exempting certain preschool programs from
day care center licensure.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
On motion of Senator Chafin, a leave of absence for the day
was granted Senator Sharpe.
Pending announcement of meetings of standing committees of the
Senate, including the Committee on Rules,
On motion of Senator Chafin, the Senate adjourned until
tomorrow, Wednesday, February 28, 2007, at 11 a.m.
____________