sdj-42nd day

WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
EIGHTIETH LEGISLATURE
REGULAR SESSION, 2011
FORTY-SECOND DAY
____________

Charleston, W. Va., Tuesday, February 22, 2011

The Senate met at 11 a.m.
(Senator Kessler, Acting President, in the Chair.)
Prayer was offered by the Reverend James H. Cox, First Baptist Church, North Beckley, West Virginia.
Pending the reading of the Journal of Monday, February 21, 2011,
On motion of Senator Hall, 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 passage by that body and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 2542--A Bill to amend and reenact §37-13A-1, §37-13A-2 and §37-13A-5 of the Code of West Virginia, 1931, as amended, all relating to access to cemeteries and grave sites located on privately owned land generally; allowing access for the purposes of installation of monuments or grave markers; allowing access to a person who has the written permission of a family member, close friend or descendant of a deceased person to enter the property solely for the purpose of installing monuments or grave markers or preparing the cemetery plot for burying a deceased person by those granted rights of burial to that plot; requiring notice and description of monuments or grave markers to be installed; permitting objections to installation; requiring written reasons for denial of access to install; and providing injunctive relief.
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. House Bill No. 2765--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-10D-10, relating to the retirement plans administered by the West Virginia Consolidated Public Retirement Board, and ensuring the continued qualification of the plans under federal tax laws by adopting provisions required by Sections 104(a) and 105(b) of the Heroes Earnings Assistance and Relief Tax Act of 2008 (P.L. 110-245) requiring the plans to provide certain death benefits to survivors of the plans' members or participants who die while performing qualified military service and governing the treatment of differential wage payments made to the plans' members or participants.
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. 2766--A Bill to amend and reenact §7-14D-7 of the Code of West Virginia, 1931, as amended, relating to increasing the maximum contribution rate to be paid by the county commission or concurrent employer.
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. 2939--A Bill to amend and reenact §5-10-2, §5-10-18, §5-10-21, §5-10-24, §5-10-25, §5-10-44 and §5-10-48 of the Code of West Virginia, 1931, as amended, all relating to the Public Employees Retirement System; clarifying the definition of compensation for purposes of calculating required contributions to the system; changing definition of final average salary; clarifying when membership in the system terminates and how membership may be reinstated; providing that individuals first hired after July 1, 2011 must have at least five years of contributory service to retire under the "rule of eighty"; requiring retirants changing annuity options to certify that no final divorce decree or other court order prohibits the same; clarifying that correction of errors provision applies to both employer errors and errors of the system's administrative body; providing that the correction of an error with respect to a retirant may be prospective only; and providing for reimbursement of mistaken contributions that ensures the plan's continued qualified status.
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 adoption by that body and requested the concurrence of the Senate in the adoption of
House Concurrent Resolution No. 62--Requesting the Division of Highways to name bridges number 39A 104 and 39A 112 on I-68 in Bruceton Mills, West Virginia the "Rick Howard Sanders Memorial Bridge".
Referred to the Committee on Transportation and Infrastructure.
A message from The Clerk of the House of Delegates announced the adoption by that body and requested the concurrence of the Senate in the adoption of
House Concurrent Resolution No. 74--Requesting the Division of Highways to name the bridge located in Dorcas, Grant County, West Virginia, on Route 9, bridge number 12-9-10.30, the "Larkin Ours Memorial Bridge" after former Delegate Larkin B. Ours.
Referred to the Committee on Transportation and Infrastructure.
The Senate proceeded to the fourth order of business.
Senator Prezioso, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Senate Joint Resolution No. 9, Proposing amendment to Constitution designated The Silenced Majority Local Levy and Bond Amendment.
And reports the same back with the recommendation that it be adopted.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
Senator Palumbo, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Joint Resolution No. 10, Proposing amendment to Constitution designated Repeal the Two Consecutive Term Limitation for Sheriffs Amendment.
And reports the same back with the recommendation that it be adopted.
Respectfully submitted,
Corey Palumbo,
Chair.
Senator Palumbo, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Joint Resolution No. 11, Proposing amendment to Constitution designated Tangible Personal Property Tax Exemption and Rate Reduction Amendment.
And reports the same back with the recommendation that it be adopted; but under the original double committee reference first be referred to the Committee on Finance.
Respectfully submitted,
Corey Palumbo,
Chair.
At the request of Senator Palumbo, unanimous consent being granted, the resolution (S. J. R. No. 11) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee reference, was then referred to the Committee on Finance.
Senator Palumbo, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 22, Increasing Cultural Facilities and Capitol Resources Matching Grant Fund allocation from racetrack video lottery net terminal income.
And reports the same back with the recommendation that it do pass; but under the original double committee reference first be referred to the Committee on Finance.
Respectfully submitted,
Corey Palumbo,
Chair.
At the request of Senator Palumbo, unanimous consent being granted, the bill (S. B. No. 22) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee reference, was then referred to the Committee on Finance.
Senator Prezioso, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Com. Sub. for Senate Bill No. 96, Relating generally to certain county officials.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
Senator Palumbo, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 112, Authorizing Consolidated Public Retirement Board promulgate legislative rule relating to refund, reinstatement, retroactive service, loan and employer error interest factors.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 112 (originating in the Committee on the Judiciary)--A Bill to amend and reenact article 2, chapter 64 of the Code of West Virginia, 1931, as amended, relating generally to the promulgation of administrative rules by the Department of Administration; 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 with various modifications presented to and recommended by the Legislative Rule-Making Review Committee and as amended by the Legislature; authorizing certain of the agencies to promulgate certain legislative rules in the form that the rules were filed in the State Register and as amended by the Legislature; authorizing the Department of Administration to promulgate a legislative rule relating to state-owned vehicles ; authorizing the Consolidated Public Retirement Board to promulgate a legislative rule relating to general provisions; authorizing the Consolidated Public Retirement Board to promulgate a legislative rule relating to Teachers' Defined Contribution System ; authorizing the Consolidated Public Retirement Board to promulgate a legislative rule relating to Public Employees Retirement System; authorizing the Consolidated Public Retirement Board to promulgate a legislative rule relating to refund, reinstatement, retroactive service, loan and employer error interest factors ; authorizing the Consolidated Public Retirement Board to promulgate a legislative rule relating to the West Virginia State Police; and authorizing the Ethics Commission to promulgate a legislative rule relating to forms .
And,
Senate Bill No. 177, Authorizing State Tax Department promulgate legislative rule relating to exchange of information agreement between State Tax Department and Office of State Fire Marshal.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 177 (originating in the Committee on the Judiciary)--A Bill to amend and reenact article 7, chapter 64 of the Code of West Virginia, 1931, as amended, relating generally to the promulgation of administrative rules by the Department of Revenue; 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 with various modifications presented to and recommended by the Legislative Rule-Making Review Committee and as amended by the Legislature; authorizing the State Tax Department to promulgate a legislative rule relating to the commercial patent incentives tax credit; authorizing the State Tax Department to promulgate a legislative rule relating to the exchange of information agreement between the State Tax Department and the West Virginia Lottery ; authorizing the State Tax Department to promulgate a legislative rule relating to the exchange of information agreement between the State Tax Department and the Office of the State Fire Marshal ; authorizing the Insurance Commissioner to promulgate a legislative rule relating to credit life insurance, credit accident and sickness insurance and credit unemployment insurance ; authorizing the Insurance Commissioner to promulgate a legislative rule relating to suitability in annuity transactions ; authorizing the Insurance Commissioner to promulgate a legislative rule relating to insurance adjusters ; authorizing the Insurance Commissioner to promulgate a legislative rule relating to long-term care insurance ; authorizing the Insurance Commissioner to promulgate a legislative rule relating to actuarial opinion and memorandum ; authorizing the Insurance Commissioner to promulgate a legislative rule relating to property and casualty actuarial opinions ; authorizing the Insurance Commissioner to promulgate a legislative rule relating to credit personal property ; authorizing the Insurance Commissioner to promulgate a legislative rule relating to the self-insurance pools for political subdivisions ; authorizing the Insurance Commissioner to promulgate a legislative rule relating to valuation of life insurance companies ; authorizing the Insurance Commissioner to promulgate a legislative rule relating to recognition of preferred mortality tables for use in determining minimum reserve liabilities ; authorizing the Insurance Commissioner to promulgate a legislative rule relating to professional employer organizations ; authorizing the Insurance Commissioner to promulgate a legislative rule relating to health maintenance organization point of service option ; authorizing the Racing Commission to promulgate a legislative rule relating to thoroughbred racing; authorizing the Racing Commission to promulgate a legislative rule relating to greyhound racing ; authorizing the Racing Commission to promulgate a legislative rule relating to pari-mutuel wagering ; authorizing the Alcohol Beverage Control Commission to promulgate a legislative rule relating to licensed retailer operations ; and authorizing the Alcohol Beverage Control Commission to promulgate a legislative rule relating to licensing of retail outlets .
With the recommendation that the two committee substitutes do pass.
Respectfully submitted,
Corey Palumbo,
Chair.
Senator Prezioso, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Com. Sub. for Senate Bill No. 272 (originating in the Committee on Energy, Industry and Mining), Relating to WV Tax Increment Financing Act.
And reports back a committee substitute for same with the following title:
Com. Sub. for Com. Sub. for Senate Bill No. 272 (originating in the Committee on Finance)--A Bill to amend and reenact §7-11B-3, §7-11B-4, §7-11B-7, §7-11B-8, §7-11B-9, §7-11B-10, §7-11B-17 and §7-11B-22 of the Code of West Virginia, 1931, as amended, all relating to the West Virginia Tax Increment Financing Act; clarifying exclusions to the definition of "base-assessed value"; revising definitions relating to governing bodies of counties and municipalities; adding definition for "municipality"; adding provisions which allow the funding of improvements to terrain, capital improvements and the acquisition and installation of equipment for ski resorts as an authorized project and project cost; adding remediation of property to definition of "development or redevelopment project"; redefining "project costs" to include remediation costs for landfills, former coal or other mining sites, solid waste facilities or hazardous waste sites; defining "remediation"; requiring the Director of the Development Office to provide the Legislature with an itemized list of applications seeking approval of development and redevelopment districts along with a status explanation of applications on dates certain; clarifying municipalities' power to utilize tax increment financing and to finance project costs by other means; requiring county commissions and municipalities to send descriptions of development districts and project plans to local levying bodies prior to issuing a notice; clarifying that municipalities are not required to seek approval when amending project plans if the project is not enlarged or the total amount of indebtedness increased; providing that development or redevelopment districts shall not be terminated so long as tax increment financing obligations remain outstanding; clarifying the time when bonds may be refunded or refinanced and when refunding bonds may be issued in principal amounts; and providing technical corrections.
With the recommendation that the committee substitute for committee substitute do pass.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
Senator Palumbo, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 279, Authorizing circuit courts to sentence nonviolent felony offenders to work camps.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 279 (originating in the Committee on the Judiciary)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §25-1-23, relating to work camps for nonviolent offenders; authorizing the establishment of work camps for that purpose; providing definitions; determining eligibility standards; requiring policy be developed; and providing for judicial recommendations.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Corey Palumbo,
Chair.
Senator Palumbo, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 389, Relating to Commercial Patents Incentives Tax Act.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 389 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §11-13AA- 3, §11-13AA-4, §11-13AA-5, §11-13AA-7, §11-13AA-11 and §11-13AA-12 of the Code of West Virginia, 1931, as amended, all relating to modifying the provisions of the West Virginia Commercial Patents Incentives Tax Act generally; defining terms; providing for tax credit carryover and accrual; restricting eligibility for tax credit; providing for disallowance of tax credit; providing for strict construction; making technical corrections to use appropriate terminology; and retroactively adjusting the effective date of the provisions of the act.
With the recommendation that the committee substitute do pass; but under the original double committee reference first be referred to the Committee on Finance.
Respectfully submitted,
Corey Palumbo,
Chair.
At the request of Senator Palumbo, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 389) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee reference, was then referred to the Committee on Finance.
Senator Prezioso, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 392, Changing definition of "accredited thoroughbred horse".
Now on second reading, having been read a first time and referred to the Committee on Finance on February 17, 2011;
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
Senator Palumbo, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 495, Relating generally to use of electronic voting systems.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 495 (originating in the Committee on the Judiciary)--A Bill to repeal §3-4A-13a of the Code of West Virginia, 1931, as amended; and to amend and reenact §3-4A-2, §3-4A-3, §3-4A-4, §3-4A-6, §3-4A-9, §3-4A-9a, §3-4A-9b, §3-4A-10, §3-4A-10a, §3-4A-13, §3-4A-17, §3-4A-19, §3-4A-20 and §3-4A-27, all relating generally to the use of electronic voting systems; defining terms; setting forth the requirements of electronic voting systems; requiring public meetings held on adopting electronic voting be held at least six months prior to the next election; providing that if an electronic voting system is terminated, it must be replaced by an electronic voting system that complies with federal law; deleting the requirement that the purchase or lease of vote-recording devices must be paid in cash; deleting outmoded terms and voting systems no longer being used; updating technical terminology; requiring at least two vote- recording devices be provided at each precinct in a primary election; and providing that independent voters may vote in primaries as otherwise provided in code.
With the recommendation that the committee substitute do pass; but under the original double committee reference first be referred to the Committee on Finance.
Respectfully submitted,
Corey Palumbo,
Chair.
At the request of Senator Prezioso, as chair of the Committee on Finance, unanimous consent was granted to dispense with the second committee reference of the bill contained in the foregoing report from the Committee on the Judiciary.
Senator Palumbo, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 512, Relating generally to salaries of certain judges and magistrates.
And reports the same back with the recommendation that it do pass; but under the original double committee reference first be referred to the Committee on Finance.
Respectfully submitted,
Corey Palumbo,
Chair.
The bill, under the original double committee reference, was then referred to the Committee on Finance.
Senator Foster, from the Committee on Pensions, submitted the following report, which was received:
Your Committee on Pensions has had under consideration
Senate Bill No. 544, Relating to municipal policemen's and firemen's pension and relief funds.
And,
Senate Bill No. 563, Authorizing municipalities to create deferred retirement option plans for certain employees.
And reports the same back with the recommendation that they each do pass; but under the original double committee references first be referred to the Committee on Finance.
Respectfully submitted,
Dan Foster,
Chair.
At the request of Senator Foster, unanimous consent being granted, Senate Bill No. 544 contained in the preceding report from the Committee on Pensions was taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee reference, was then referred to the Committee on Finance.
At the request of Senator Prezioso, as chair of the Committee on Finance, unanimous consent was granted to dispense with the second committee reference of Senate Bill No. 563 contained in the foregoing report from the Committee on Pensions.
Senator Foster, from the Committee on Pensions, submitted the following report, which was received:
Your Committee on Pensions has had under consideration
Senate Bill No. 546, Relating to municipal police and firefighter pensions.
And reports the same back with the recommendation that it do pass; but under the original double committee reference first be referred to the Committee on Government Organization.
Respectfully submitted,
Dan Foster,
Chair.
At the request of Senator Snyder, as chair of the Committee on Government Organization, unanimous consent was granted to dispense with the second committee reference of the bill contained in the foregoing report from the Committee on Pensions.
Senator Jenkins, from the Committee on Interstate Cooperation, submitted the following report, which was received:
Your Committee on Interstate Cooperation has had under consideration
Senate Bill No. 607 (originating in the Committee on Interstate Cooperation)--A Bill to repeal §39-4-1, §39-4-2, §39-4-3, §39-4-4, §39-4-5, §39-4-6 and §39-4-7 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new article, designated §39-4A-101, §39-4A-102, §39-4A- 103, §39-4A-104, §39-4A-105, §39-4A-106, §39-4A-107, §39-4A-108, §39-4A-109, §39-4A-110, §39-4A-111, §39-4A-112, §39-4A-113, §39-4A- 114, §39-4A-115, §39-4A-116, §39-4A-117, §39-4A-118, §39-4A-119, §39-4A-120, §39-4A-121, §39-4A-122, §39-4A-123, §39-4A-124, §39-4A- 125, §39-4A-126, §39-4A-127, §39-4A-128, §39-4A-129, §39-4A-130, §39-4A-131, §39-4A-132, §39-4A-133, §39-4A-134, §39-4A-135, §39-4A- 136, §39-4A-137, §39-4A-138, §39-4A-139, §39-4A-140, §39-4A-141, §39-4A-142, §39-4A-143 and §39-4A-144, all relating to creating the Uniform Power of Attorney Act; repealing the Uniform Durable Power of Attorney Act; providing a short title; providing definitions; setting forth the applicability of the act; providing that the power of attorney is durable; providing for execution and validity of power of attorney; nominating conservator or guardian and relation of agent to court-appointed fiduciary; providing when power of attorney effective; terminating power of attorney or agent's authority
SECTION 110. TERMINATION OF POWER OF ATTORNEY OR AGENT'S AUTHORITY; providing for coagents and successor agents; reimbursing and compensating agent; providing for agent's acceptance and duties; and providing other specific instances where the power of attorney may apply.

And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Evan H. Jenkins,
Chair.
At the request of Senator Jenkins, unanimous consent being granted, the bill (S. B. No. 607) contained in the preceding report from the Committee on Interstate Cooperation was taken up for immediate consideration, read a first time and ordered to second reading.
Thereafter, on motion of Senator Jenkins, the bill was then referred to the Committee on the Judiciary.
Senator Wells, from the Committee on Military, submitted the following report, which was received:
Your Committee on Military has had under consideration
Senate Concurrent Resolution No. 4, Requesting Joint Committee on Government and Finance continue studying issues facing veterans.
And reports the same back with the recommendation that it be adopted; but under the original double committee reference first be referred to the Committee on Rules.
Respectfully submitted,
Erik P. Wells,
Chair.
The resolution, under the original double committee reference, was then referred to the Committee on Rules.
Senator Wells, from the Committee on Military, submitted the following report, which was received:
Your Committee on Military has had under consideration
Senate Concurrent Resolution No. 10, Designating March 30 annually "West Virginia Vietnam Veterans Recognition Day".
And reports the same back with the recommendation that it be adopted.
Respectfully submitted,
Erik P. Wells,
Chair.
Senator Palumbo, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. Com. Sub. for House Bill No. 2464, Adding additional requirements to the Ethics Act.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended.
Respectfully submitted,
Corey Palumbo,
Chair.
The Senate proceeded to the sixth order of business.
Senators Miller, Edgell, D. Facemire and Klempa offered the following resolution:
Senate Concurrent Resolution No. 43--Requesting the Division of Highways to erect a memorial sign on Route 60, at or near the Caldwell exit, in Greenbrier County, that states "Home of Chan Whitt Jr., the 'Little Prince' Billiards Champion".
Whereas, Chan Whitt Jr. resided in Caldwell, Greenbrier County, his entire life, being one of seven children, until his tragic death resulting from a motor vehicle accident in 1994; and
Whereas, Chan Whitt Jr. traveled the world over, playing in national and international billiards tournaments, including a tournament he played and won in Japan; and
Whereas, Chan Whitt Jr. was featured in several magazines and gave a billiards exhibition at The Greenbrier Hotel in White Sulphur Springs; and
Whereas, Chan Whitt Jr. was a television celebrity, appearing on ESPN, the Today Show, PM Magazine, Good Morning America, Sports World and That's Incredible; and
Whereas, Chan Whitt Jr. put the little town of Caldwell, West Virginia, on the map with his enormous talent and his many travels; and
Whereas, It is fitting to honor Chan Whitt Jr., not only for his stellar talents but for the recognition he brought to the little town of Caldwell, Greenbrier County, and the State of West Virginia; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways to erect a memorial sign on Route 60, at or near the Caldwell exit, in Greenbrier County, that states "Home of Chan Whitt Jr., the 'Little Prince' Billiards Champion"; and, be it
Further Resolved, That the Legislature hereby requests the Division of Highways to have made and be placed a sign on Route 60, at or near the Caldwell exit, in Greenbrier County, that reads "Home of Chan Whitt Jr., the 'Little Prince' Billiards Champion"; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation, to Judy Steele and to Mr. Chan's father, Chan Whitt Sr.
Which, under the rules, lies over one day.
Senators Chafin, Unger, Fanning, Kessler (Acting President), Miller and Sypolt offered the following resolution:
Senate Concurrent Resolution No. 44--Requesting the Joint Committee on Government and Finance study utility services in the State of West Virginia.
Whereas, Utility services are necessary to the economic well- being of our State and the health of our citizens; and
Whereas, Many of the utility facilities in this State are of unknown origins and in unknown conditions; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study utility services in the State of West Virginia; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2012, on its findings, conclusions and recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
Which, under the rules, lies over one day.
Senators Prezioso, Edgell, Unger, Kessler (Acting President), McCabe, Plymale, D. Facemire, Klempa and Williams offered the following resolution:
Senate Resolution No. 34--Designating May 24, 2011, as "Aviation Maintenance Technician Day" in honor of Charles Edward Taylor.
Whereas, Charles Edward Taylor was born on May 24, 1869; and
Whereas, In 1902, Charles Edward Taylor began working as a machinist for Orville and Wilbur Wright at the Wright Cycle Company in Dayton, Ohio; and
Whereas, Within six weeks, Charles Edward Taylor, using only a lathe and drill press, built the first engine used to power the Wright Flyer; and
Whereas, Charles Edward Taylor's ingenuity earned him a place in aviation history when the Wright Brothers successfully flew their airplane on December 17, 1903; and
Whereas, After this historic event, Charles Edward Taylor continued to design engines for the Wright Brothers and later taught them to build aircraft engines; and
Whereas, In 1908, Charles Edward Taylor accompanied Orville Wright to Fort Meyer, Virginia for test flights by the United States government and in 1909, accompanied Wilbur Wright to New York for the Hudson-Fulton flights; and
Whereas, Charles Edward Taylor served as lead mechanic for Calbraith Rodgers, who made his first transcontinental flight in 1911; and
Whereas, Charles Edward Taylor had a successful career in aviation maintenance for more than 60 years; and
Whereas, Charles Edward Taylor was honored by the Federal Aviation Administration with the establishment of the Charles Edward Taylor Master Mechanic Award, which recognizes persons with 50 years or more of aviation maintenance experience; and
Whereas, Sadly, Charles Edward Taylor died in 1956, after a long and distinguished career in the aviation industry; therefore, be it
Resolved by the Senate:
That the Senate hereby designates May 24, 2011, as "Aviation Maintenance Technician Day" in honor of Charles Edward Taylor; and, be it
Further Resolved, That annually May 24 shall be designated as "Aviation Maintenance Technician Day"; and, be it
Further Resolved, That the Senate acknowledges the contributions made to the aviation industry by Charles Edward Taylor; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the Robert C. Byrd National Aerospace Education Center.
At the request of Senator Prezioso, unanimous consent being granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.
Senators Boley, Unger, McCabe, Plymale and Sypolt offered the following resolution:
Senate Resolution No. 35--Designating February 22, 2011, as "West Virginia Home School Day" at the Legislature.
Whereas, The State of West Virginia is committed to excellence in education; and
Whereas, The State of West Virginia recognizes that parental involvement and individualized attention to educational success are unique and basic components of home schooling; and
Whereas, Home-schooled students exhibit self-confidence and good citizenship and are prepared academically to meet the challenges of today's society; and
Whereas, Contemporary studies continue to confirm that children who are educated at home score exceptionally well on national achievement tests and score above the national average on SAT and ACT tests; and
Whereas, Home-schooled students have shown to be competitive with publicly and privately schooled students at the college level; therefore, be it
Resolved by the Senate:
That the Senate hereby designates February 21, 2011, as "West Virginia Home School Day" at the Legislature; and, be it
Further Resolved, That the Senate recognizes students, teachers and families involved with home schooling in West Virginia for their dedication to excellence in education; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the West Virginia Home Educators Association and the Christian Home Educators of West Virginia.
At the request of Senator Boley, unanimous consent being granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.
On motion of Senator Unger, the Senate recessed for one minute.
Upon expiration of the recess, the Senate reconvened and resumed business under the sixth order.
Petitions
Senator Laird presented a petition from Kelly L. Nichols and ninety-five West Virginia residents, opposing Committee Substitute for Senate Bill No. 362 (Increasing excise tax on all tobacco products).
Referred to the Committee on Finance.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 28, Requesting DOH name intersection of Stoney Ridge and King Coal Highway in Mercer County "Christine West Interchange".
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. 29, Requesting DOH name King Coal Highway Interchange, at intersection of U. S. Route 52 and U. S. Route 460 in Mercer County "The K. A. Ammar, Jr. Interchange".
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. 30, Requesting DOH name bridge number 03-119-16.22 "PFC Willie Ray Stollings Memorial Bridge".
On unfinished business, coming up in regular order, was reported by the Clerk.
The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Senate Concurrent Resolution No. 32, Requesting DOH name bridge on U. S. Route 60 in Gauley Bridge "Sgt. Scott Angel Memorial Bridge".
On unfinished business, coming up in regular order, was reported by the Clerk.
The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Senate Concurrent Resolution No. 33, Requesting DOH name bridge on Route 16 in Wyoming County "Justin Lane Haga Janes and Matthew Robert Wrenn Memorial Bridge".
On unfinished business, coming up in regular order, was reported by the Clerk.
The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Senate Concurrent Resolution No. 39, Requesting DOH name WV 20 between Cowen and Webster and Nicholas County lines "Chief Samuel 'Ed' Plummer Memorial Highway".
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Transportation and Infrastructure.
Senate Concurrent Resolution No. 40, Requesting DOH name bridge crossing Route 34 at Poplar Fork, Putnam County, "PFC Roger Lee Byus Memorial Bridge, Killed in Action, Vietnam 1969".
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Transportation and Infrastructure.
Senate Concurrent Resolution No. 41, Requesting DOH name bridge that spans Muddy Creek River on Route 3 in Greenbrier County "Campbell Memorial Bridge".
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Transportation and Infrastructure.
House Concurrent Resolution No. 57, The "Lance Corporal John Darrell Smith Memorial Bridge".
On unfinished business, coming up in regular order, was reported by the Clerk.
The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
The Senate proceeded to the eighth order of business.
Eng. Com. Sub. for Senate Bill No. 193, Relating to law-enforcement certification generally.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills and Kessler (Acting President)--32.
The nays were: None.
Absent: Yost and Tomblin (Mr. President)--2.
So, a majority of all the members present and voting having voted in the affirmative, the Acting President declared the bill (Eng. Com. Sub for S. B. No. 193) 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. 241, Relating to Division of Tourism and Tourism Commission.
On third reading, coming up in regular order, was reported by the Clerk.
At the request of Senator Prezioso, unanimous consent was granted to offer an amendment to the bill on third reading.
Thereupon, on motion of Senator Prezioso, the following amendment to the bill was reported by the Clerk and adopted:
On pages eleven through twenty-three, by striking out all of section one and inserting in lieu thereof a new section one, to read as follows:
§5F-2-1. Transfer and incorporation of agencies and boards; funds.
(a) The following agencies and boards, including all of the allied, advisory, affiliated or related entities and funds associated with any agency or board, are incorporated in and administered as a part of the Department of Administration:
(1) Building Commission provided in article six, chapter five of this code;
(2) Public Employees Insurance Agency provided in article sixteen, chapter five of this code;
(3) Governor's Mansion Advisory Committee provided in article five, chapter five-a of this code;
(4) Commission on Uniform State Laws provided in article one-a, chapter twenty-nine of this code;
(5) West Virginia Public Employees Grievance Board provided in article three, chapter six-c of this code;
(6) Board of Risk and Insurance Management provided in article twelve, chapter twenty-nine of this code;
(7) Boundary Commission provided in article twenty-three, chapter twenty-nine of this code;
(8) Public Defender Services provided in article twenty-one, chapter twenty-nine of this code;
(9) Division of Personnel provided in article six, chapter twenty-nine of this code;
(10) The West Virginia Ethics Commission provided in article two, chapter six-b of this code;
(11) Consolidated Public Retirement Board provided in article ten-d, chapter five of this code; and
(12) Real Estate Division provided in article ten, chapter five-a of this code.
(b) The following agencies and boards, including all of the allied, advisory, affiliated or related entities and funds associated with any agency or board, are incorporated in and administered as a part of the Department of Commerce:
(1) Division of Labor provided in article one, chapter twenty-one of this code, which includes:
(A) Occupational Safety and Health Review Commission provided in article three-a, chapter twenty-one of this code; and
(B) Board of Manufactured Housing Construction and Safety provided in article nine, chapter twenty-one of this code;
(2) Office of Miners' Health, Safety and Training provided in article one, chapter twenty-two-a of this code. The following boards are transferred to the Office of Miners' Health, Safety and Training for purposes of administrative support and liaison with the office of the Governor:
(A) Board of Coal Mine Health and Safety and Coal Mine Safety and Technical Review Committee provided in article six, chapter twenty-two-a of this code;
(B) Board of Miner Training, Education and Certification provided in article seven, chapter twenty-two-a of this code; and
(C) Mine Inspectors' Examining Board provided in article nine, chapter twenty-two-a of this code;
(3) The West Virginia Development Office ~~which includes the Division of Tourism and the Tourism Commission~~ provided in article two, chapter five-b of this code;
(4) Division of Natural Resources and Natural Resources Commission provided in article one, chapter twenty of this code;
(5) Division of Forestry provided in article one-a, chapter nineteen of this code;
(6) Geological and Economic Survey provided in article two, chapter twenty-nine of this code; and
(7) Workforce West Virginia provided in chapter twenty-one-a of this code, which includes:
(A) Division of Unemployment Compensation;
(B) Division of Employment ~~Services~~ Service;
(C) Division of Workforce Development; and
(D) Division of Research, Information and Analysis; ~~and~~
(8) Division of Energy provided in article two-f, chapter five-b of this code; and
(9) Division of Tourism and the Tourism Commission provided in article two, chapter five-b of this code.
(c) The Economic Development Authority provided in article fifteen, chapter thirty-one of this code is continued as an independent agency within the executive branch.
(d) The Water Development Authority and the Water Development Authority Board provided in article one, chapter twenty-two-c of this code is continued as an independent agency within the executive branch.
(e) The following agencies and boards, including all of the allied, advisory and affiliated entities, are transferred to the Department of Environmental Protection for purposes of administrative support and liaison with the office of the Governor:
(1) Air Quality Board provided in article two, chapter twenty-two-b of this code;
(2) Solid Waste Management Board provided in article three, chapter twenty-two-c of this code;
(3) Environmental Quality Board, or its successor board, provided in article three, chapter twenty-two-b of this code;
(4) Surface Mine Board provided in article four, chapter twenty-two-b of this code;
(5) Oil and Gas Inspectors' Examining Board provided in article seven, chapter twenty-two-c of this code;
(6) Shallow Gas Well Review Board provided in article eight, chapter twenty-two-c of this code; and
(7) Oil and Gas Conservation Commission provided in article nine, chapter twenty-two-c of this code.
(f) The following agencies and boards, including all of the allied, advisory, affiliated or related entities and funds associated with any agency or board, are incorporated in and administered as a part of the Department of Education and the Arts:
(1) Library Commission provided in article one, chapter ten of this code;
(2) Educational Broadcasting Authority provided in article five, chapter ten of this code;
(3) Division of Culture and History provided in article one, chapter twenty-nine of this code; and
(4) Division of Rehabilitation Services provided in ~~section two,~~ article ten-a, chapter eighteen of this code.
(g) The following agencies and boards, including all of the allied, advisory, affiliated or related entities and funds associated with any agency or board, are incorporated in and administered as a part of the Department of Health and Human Resources:
(1) Human Rights Commission provided in article eleven, chapter five of this code;
(2) Division of Human Services provided in article two, chapter nine of this code;
(3) Bureau for Public Health provided in article one, chapter sixteen of this code;
(4) Office of Emergency Medical Services and Emergency Medical Service Advisory Council provided in article four-c, chapter sixteen of this code;
(5) Health Care Authority provided in article twenty-nine-b, chapter sixteen of this code;
(6) Commission on Mental Retardation provided in article fifteen, chapter twenty-nine of this code;
(7) Women's Commission provided in article twenty, chapter twenty-nine of this code; and
(8) The Child Support Enforcement Division provided in chapter forty-eight of this code.
(h) The following agencies and boards, including all of the allied, advisory, affiliated or related entities and funds associated with any agency or board, are incorporated in and administered as a part of the Department of Military Affairs and Public Safety:
(1) Adjutant General's Department provided in article one-a, chapter fifteen of this code;
(2) Armory Board provided in article six, chapter fifteen of this code;
(3) Military Awards Board provided in article one-g, chapter fifteen of this code;
(4) West Virginia State Police provided in article two, chapter fifteen of this code;
(5) Division of Homeland Security and Emergency Management and Disaster Recovery Board provided in article five, chapter fifteen of this code and Emergency Response Commission provided in article five-a of said chapter;
(6) Sheriffs' Bureau provided in article eight, chapter fifteen of this code;
(7) Division of Justice and Community Services provided in article nine a, chapter fifteen of this code;
(8) Division of Corrections provided in chapter twenty-five of this code;
(9) Fire Commission provided in article three, chapter twenty-nine of this code;
(10) Regional Jail and Correctional Facility Authority provided in article twenty, chapter thirty-one of this code;
(11) Board of Probation and Parole provided in article twelve, chapter sixty-two of this code. ~~and~~
~~(12) Division of Veterans' Affairs and Veterans' Council provided in article one, chapter nine-a of this code.~~
(i) The following agencies and boards, including all of the allied, advisory, affiliated or related entities and funds associated with any agency or board, are incorporated in and administered as a part of the Department of Revenue:
(1) Tax Division provided in ~~article one,~~ chapter eleven of this code;
(2) Racing Commission provided in article twenty-three, chapter nineteen of this code;
(3) Lottery Commission and position of Lottery Director provided in article twenty-two, chapter twenty-nine of this code;
(4) ~~Agency of~~ Insurance Commissioner provided in article two, chapter thirty-three of this code;
(5) ~~Office of~~ West Virginia Alcohol Beverage Control Commissioner provided in article sixteen, chapter eleven of this code and article two, chapter sixty of this code;
(6) Board of Banking and Financial Institutions provided in article three, chapter thirty-one-a of this code;
(7) Lending and Credit Rate Board provided in chapter forty-seven-a of this code;
(8) Division of Banking provided in article two, chapter thirty-one-a of this code;
(9) The State Budget Office provided in article two of this chapter;
(10) The Municipal Bond Commission provided in article three, chapter thirteen of this code;
(11) The Office of Tax Appeals provided in article ten-a, chapter eleven of this code; and
(12) The State Athletic Commission provided in article five-a, chapter twenty-nine of this code.
(j) The following agencies and boards, including all of the allied, advisory, affiliated or related entities and funds associated with any agency or board, are incorporated in and administered as a part of the Department of Transportation:
(1) Division of Highways provided in article two-a, chapter seventeen of this code;
(2) Parkways, Economic Development and Tourism Authority provided in article sixteen-a, chapter seventeen of this code;
(3) Division of Motor Vehicles provided in article two, chapter seventeen-a of this code;
(4) Driver's Licensing Advisory Board provided in article two, chapter seventeen-b of this code;
(5) Aeronautics Commission provided in article two-a, chapter twenty-nine of this code;
(6) State Rail Authority provided in article eighteen, chapter twenty-nine of this code; and
(7) Public Port Authority provided in article sixteen-b, chapter seventeen of this code.
(k) The Veterans' Council provided in article one, chapter nine-a of this code, including all of the allied, advisory, affiliated or related entities and funds associated with it is, incorporated in and administered as part of the Department of Veteran's Assistance.
~~(k)~~ (l) Except for powers, authority and duties that have been delegated to the secretaries of the departments by the provisions of section two of this article, the position of administrator and the powers, authority and duties of each administrator and agency are not affected by the enactment of this chapter.
~~(l)~~ (m) Except for powers, authority and duties that have been delegated to the secretaries of the departments by the provisions of section two of this article, the existence, powers, authority and duties of boards and the membership, terms and qualifications of members of the boards are not affected by the enactment of this chapter. All boards that are appellate bodies or are independent decision makers shall not have their appellate or independent decision-making status affected by the enactment of this chapter.
~~(m)~~ (n) Any department previously transferred to and incorporated in a department by prior enactment of this section means a division of the appropriate department. Wherever reference is made to any department transferred to and incorporated in a department created in section two, article one of this chapter, the reference means a division of the appropriate department and any reference to a division of a department so transferred and incorporated means a section of the appropriate division of the department.
~~(n)~~ (o) When an agency, board or commission is transferred under a bureau or agency other than a department headed by a secretary pursuant to this section, that transfer is solely for purposes of administrative support and liaison with the Office of the Governor, a department secretary or a bureau. Nothing in this section extends the powers of department secretaries under section two of this article to any person other than a department secretary and nothing limits or abridges the statutory powers and duties of statutory commissioners or officers pursuant to this code.
The bill, as just amended, was again ordered to engrossment.
Engrossed Committee Substitute for Senate Bill No. 241 was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills and Kessler (Acting President)--32.
The nays were: None.
Absent: Yost and Tomblin (Mr. President)--2.
So, a majority of all the members present and voting having voted in the affirmative, the Acting President declared the bill (Eng. Com. Sub. for S. B. No. 241) 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. 243, Relating to Neighborhood Investment Program Act.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills and Kessler (Acting President)--32.
The nays were: None.
Absent: Yost and Tomblin (Mr. President)--2.
So, a majority of all the members present and voting having voted in the affirmative, the Acting President declared the bill (Eng. Com. Sub. for S. B. No. 243) passed with its title.
Senator Unger moved that the bill take effect July 1, 2011.
On this question, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills and Kessler (Acting President)--32.
The nays were: None.
Absent: Yost and Tomblin (Mr. President)--2.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the Acting President declared the bill (Eng. Com. Sub. for S. B. No. 243) takes effect July 1, 2011.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Senate Bill No. 247, Exempting certain construction contractor purchases from consumers sales, service and use tax.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills and Kessler (Acting President)--32.
The nays were: None.
Absent: Yost and Tomblin (Mr. President)--2.
So, a majority of all the members present and voting having voted in the affirmative, the Acting President declared the bill (Eng. Com. Sub. for S. B. No. 247) 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. 263, Relating to special plates for testing of vehicles operated by certain nonprofit corporations.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills and Kessler (Acting President)--32.
The nays were: None.
Absent: Yost and Tomblin (Mr. President)--2.
So, a majority of all the members present and voting having voted in the affirmative, the Acting President declared the bill (Eng. Com. Sub. for S. B. No. 263) 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. 388, Allowing fire chief appoint member to serve as designee on property safety enforcement agency.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills and Kessler (Acting President)--32.
The nays were: None.
Absent: Yost and Tomblin (Mr. President)--2.
So, a majority of all the members present and voting having voted in the affirmative, the Acting President declared the bill (Eng. Com. Sub. for S. B. No. 388) 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. 460, Authorizing Division of Forestry establish practices and procedures to address law-enforcement requirements of division.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills and Kessler (Acting President)--32.
The nays were: None.
Absent: Yost and Tomblin (Mr. President)--2.
So, a majority of all the members present and voting having voted in the affirmative, the Acting President declared the bill (Eng. Com. Sub. for S. B. No. 460) 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. 2556, Resetting the expiration date of provisions that allow the employment of retired teachers as substitutes beyond the post-retirement employment limit.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills and Kessler (Acting President)--32.
The nays were: None.
Absent: Yost and Tomblin (Mr. President)--2.
So, a majority of all the members present and voting having voted in the affirmative, the Acting President declared the bill (Eng. H. B. No. 2556) passed.
The following amendment to the bill, from the Committee on Education, was reported by the Clerk and adopted:
Eng. House Bill No. 2556--A Bill to amend and reenact §18A-2-3 of the Code of West Virginia, 1931, as amended, relating to resetting the expiration date of provisions that allow the employment of retired teachers as substitutes beyond the post- retirement employment limit in certain circumstances; requiring certain additional information be included in the affidavit submitted to the Consolidated Public Retirement Board; requiring the affidavit be submitted to the State Board of Education; and requiring certain additional information be included in the report to the Joint Committee on Government and Finance and the Legislative Oversight Commission on Education Accountability.
Senator Unger moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills and Kessler (Acting President)--32.
The nays were: None.
Absent: Yost and Tomblin (Mr. President)--2.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the Acting President declared the bill (Eng. H. B. No. 2556) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Com. Sub. for House Bill No. 2882, Relating to the Commissioner's Assessment and Examination Fund.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills and Kessler (Acting President)--32.
The nays were: None.
Absent: Yost and Tomblin (Mr. President)--2.
So, a majority of all the members present and voting having voted in the affirmative, the Acting President declared the bill (Eng. Com. Sub. for H. B. No. 2882) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
Eng. Com. Sub. for House Bill No. 2962, Increasing the amount of a fine or penalty the Commissioner of Banking may impose on residential mortgage brokers and lenders.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills and Kessler (Acting President)--32.
The nays were: None.
Absent: Yost and Tomblin (Mr. President)--2.
So, a majority of all the members present and voting having voted in the affirmative, the Acting President declared the bill (Eng. Com. Sub. for H. B. No. 2962) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
At the request of Senator Unger, unanimous consent being granted, the Senate returned to the second order of business and the introduction of guests.
The Senate then proceeded to the ninth order of business.
Com. Sub. for Senate Bill No. 238, Redesignating Division of Veterans' Affairs as Department of Veterans' Assistance.
On second reading, coming up in regular order, was read a second time.
On motion of Senator Prezioso, the following amendment to the bill was reported by the Clerk and adopted:
On pages five through sixteen, by striking out all of section one and inserting in lieu thereof a new section one, to read as follows:
§5F-2-1. Transfer and incorporation of agencies and boards; funds.
(a) The following agencies and boards, including all of the allied, advisory, affiliated or related entities and funds associated with any agency or board, are incorporated in and administered as a part of the Department of Administration:
(1) Building Commission provided in article six, chapter five of this code;
(2) Public Employees Insurance Agency provided in article sixteen, chapter five of this code;
(3) Governor's Mansion Advisory Committee provided in article five, chapter five-a of this code;
(4) Commission on Uniform State Laws provided in article one-a, chapter twenty-nine of this code;
(5) West Virginia Public Employees Grievance Board provided in article three, chapter six-c of this code;
(6) Board of Risk and Insurance Management provided in article twelve, chapter twenty-nine of this code;
(7) Boundary Commission provided in article twenty-three, chapter twenty-nine of this code;
(8) Public Defender Services provided in article twenty-one, chapter twenty-nine of this code;
(9) Division of Personnel provided in article six, chapter twenty-nine of this code;
(10) The West Virginia Ethics Commission provided in article two, chapter six-b of this code;
(11) Consolidated Public Retirement Board provided in article ten-d, chapter five of this code; and
(12) Real Estate Division provided in article ten, chapter five-a of this code.
(b) The following agencies and boards, including all of the allied, advisory, affiliated or related entities and funds associated with any agency or board, are incorporated in and administered as a part of the Department of Commerce:
(1) Division of Labor provided in article one, chapter twenty-one of this code, which includes:
(A) Occupational Safety and Health Review Commission provided in article three-a, chapter twenty-one of this code; and
(B) Board of Manufactured Housing Construction and Safety provided in article nine, chapter twenty-one of this code;
(2) Office of Miners' Health, Safety and Training provided in article one, chapter twenty-two-a of this code. The following boards are transferred to the Office of Miners' Health, Safety and Training for purposes of administrative support and liaison with the office of the Governor:
(A) Board of Coal Mine Health and Safety and Coal Mine Safety and Technical Review Committee provided in article six, chapter twenty-two-a of this code;
(B) Board of Miner Training, Education and Certification provided in article seven, chapter twenty-two-a of this code; and
(C) Mine Inspectors' Examining Board provided in article nine, chapter twenty-two-a of this code;
(3) The West Virginia Development Office ~~which includes the Division of Tourism and the Tourism Commission~~ provided in article two, chapter five-b of this code;
(4) Division of Natural Resources and Natural Resources Commission provided in article one, chapter twenty of this code;
(5) Division of Forestry provided in article one-a, chapter nineteen of this code;
(6) Geological and Economic Survey provided in article two, chapter twenty-nine of this code; and
(7) Workforce West Virginia provided in chapter twenty-one-a of this code, which includes:
(A) Division of Unemployment Compensation;
(B) Division of Employment ~~Services~~ Service;
(C) Division of Workforce Development; and
(D) Division of Research, Information and Analysis; ~~and~~
(8) Division of Energy provided in article two-f, chapter five-b of this code; and
(9) Division of Tourism and the Tourism Commission provided in article two, chapter five-b of this code.
(c) The Economic Development Authority provided in article fifteen, chapter thirty-one of this code is continued as an independent agency within the executive branch.
(d) The Water Development Authority and the Water Development Authority Board provided in article one, chapter twenty-two-c of this code is continued as an independent agency within the executive branch.
(e) The following agencies and boards, including all of the allied, advisory and affiliated entities, are transferred to the Department of Environmental Protection for purposes of administrative support and liaison with the office of the Governor:
(1) Air Quality Board provided in article two, chapter twenty-two-b of this code;
(2) Solid Waste Management Board provided in article three, chapter twenty-two-c of this code;
(3) Environmental Quality Board, or its successor board, provided in article three, chapter twenty-two-b of this code;
(4) Surface Mine Board provided in article four, chapter twenty-two-b of this code;
(5) Oil and Gas Inspectors' Examining Board provided in article seven, chapter twenty-two-c of this code;
(6) Shallow Gas Well Review Board provided in article eight, chapter twenty-two-c of this code; and
(7) Oil and Gas Conservation Commission provided in article nine, chapter twenty-two-c of this code.
(f) The following agencies and boards, including all of the allied, advisory, affiliated or related entities and funds associated with any agency or board, are incorporated in and administered as a part of the Department of Education and the Arts:
(1) Library Commission provided in article one, chapter ten of this code;
(2) Educational Broadcasting Authority provided in article five, chapter ten of this code;
(3) Division of Culture and History provided in article one, chapter twenty-nine of this code; and
(4) Division of Rehabilitation Services provided in ~~section two,~~ article ten-a, chapter eighteen of this code.
(g) The following agencies and boards, including all of the allied, advisory, affiliated or related entities and funds associated with any agency or board, are incorporated in and administered as a part of the Department of Health and Human Resources:
(1) Human Rights Commission provided in article eleven, chapter five of this code;
(2) Division of Human Services provided in article two, chapter nine of this code;
(3) Bureau for Public Health provided in article one, chapter sixteen of this code;
(4) Office of Emergency Medical Services and Emergency Medical Service Advisory Council provided in article four-c, chapter sixteen of this code;
(5) Health Care Authority provided in article twenty-nine-b, chapter sixteen of this code;
(6) Commission on Mental Retardation provided in article fifteen, chapter twenty-nine of this code;
(7) Women's Commission provided in article twenty, chapter twenty-nine of this code; and
(8) The Child Support Enforcement Division provided in chapter forty-eight of this code.
(h) The following agencies and boards, including all of the allied, advisory, affiliated or related entities and funds associated with any agency or board, are incorporated in and administered as a part of the Department of Military Affairs and Public Safety:
(1) Adjutant General's Department provided in article one-a, chapter fifteen of this code;
(2) Armory Board provided in article six, chapter fifteen of this code;
(3) Military Awards Board provided in article one-g, chapter fifteen of this code;
(4) West Virginia State Police provided in article two, chapter fifteen of this code;
(5) Division of Homeland Security and Emergency Management and Disaster Recovery Board provided in article five, chapter fifteen of this code and Emergency Response Commission provided in article five-a of said chapter;
(6) Sheriffs' Bureau provided in article eight, chapter fifteen of this code;
(7) Division of Justice and Community Services provided in article nine a, chapter fifteen of this code;
(8) Division of Corrections provided in chapter twenty-five of this code;
(9) Fire Commission provided in article three, chapter twenty-nine of this code;
(10) Regional Jail and Correctional Facility Authority provided in article twenty, chapter thirty-one of this code;
(11) Board of Probation and Parole provided in article twelve, chapter sixty-two of this code. ~~and~~
~~(12) Division of Veterans' Affairs and Veterans' Council provided in article one, chapter nine-a of this code.~~
(i) The following agencies and boards, including all of the allied, advisory, affiliated or related entities and funds associated with any agency or board, are incorporated in and administered as a part of the Department of Revenue:
(1) Tax Division provided in ~~article one,~~ chapter eleven of this code;
(2) Racing Commission provided in article twenty-three, chapter nineteen of this code;
(3) Lottery Commission and position of Lottery Director provided in article twenty-two, chapter twenty-nine of this code;
(4) ~~Agency of~~ Insurance Commissioner provided in article two, chapter thirty-three of this code;
(5) ~~Office of~~ West Virginia Alcohol Beverage Control Commissioner provided in article sixteen, chapter eleven of this code and article two, chapter sixty of this code;
(6) Board of Banking and Financial Institutions provided in article three, chapter thirty-one-a of this code;
(7) Lending and Credit Rate Board provided in chapter forty-seven-a of this code;
(8) Division of Banking provided in article two, chapter thirty-one-a of this code;
(9) The State Budget Office provided in article two of this chapter;
(10) The Municipal Bond Commission provided in article three, chapter thirteen of this code;
(11) The Office of Tax Appeals provided in article ten-a, chapter eleven of this code; and
(12) The State Athletic Commission provided in article five-a, chapter twenty-nine of this code.
(j) The following agencies and boards, including all of the allied, advisory, affiliated or related entities and funds associated with any agency or board, are incorporated in and administered as a part of the Department of Transportation:
(1) Division of Highways provided in article two-a, chapter seventeen of this code;
(2) Parkways, Economic Development and Tourism Authority provided in article sixteen-a, chapter seventeen of this code;
(3) Division of Motor Vehicles provided in article two, chapter seventeen-a of this code;
(4) Driver's Licensing Advisory Board provided in article two, chapter seventeen-b of this code;
(5) Aeronautics Commission provided in article two-a, chapter twenty-nine of this code;
(6) State Rail Authority provided in article eighteen, chapter twenty-nine of this code; and
(7) Public Port Authority provided in article sixteen-b, chapter seventeen of this code.
(k) The Veterans' Council provided in article one, chapter nine-a of this code, including all of the allied, advisory, affiliated or related entities and funds associated with it is, incorporated in and administered as part of the Department of Veteran's Assistance.
~~(k)~~ (l) Except for powers, authority and duties that have been delegated to the secretaries of the departments by the provisions of section two of this article, the position of administrator and the powers, authority and duties of each administrator and agency are not affected by the enactment of this chapter.
~~(l)~~ (m) Except for powers, authority and duties that have been delegated to the secretaries of the departments by the provisions of section two of this article, the existence, powers, authority and duties of boards and the membership, terms and qualifications of members of the boards are not affected by the enactment of this chapter. All boards that are appellate bodies or are independent decision makers shall not have their appellate or independent decision-making status affected by the enactment of this chapter.
~~(m)~~ (n) Any department previously transferred to and incorporated in a department by prior enactment of this section means a division of the appropriate department. Wherever reference is made to any department transferred to and incorporated in a department created in section two, article one of this chapter, the reference means a division of the appropriate department and any reference to a division of a department so transferred and incorporated means a section of the appropriate division of the department.
~~(n)~~ (o) When an agency, board or commission is transferred under a bureau or agency other than a department headed by a secretary pursuant to this section, that transfer is solely for purposes of administrative support and liaison with the Office of the Governor, a department secretary or a bureau. Nothing in this section extends the powers of department secretaries under section two of this article to any person other than a department secretary and nothing limits or abridges the statutory powers and duties of statutory commissioners or officers pursuant to this code.
The bill (Com. Sub. for S. B. No. 238), as amended, was then ordered to engrossment and third reading.
Senate Bill No. 267, Increasing fine or penalty Commissioner of Banking may impose on residential mortgage brokers and lenders.
On second reading, coming up in regular order, was reported by the Clerk.
On motion of Senator Unger, the bill was recommitted to the Committee on Banking and Insurance.
Senate Bill No. 274, Allowing Commissioner of Banking assess state banks on quarterly basis.
On second reading, coming up in regular order, was reported by the Clerk.
On motion of Senator Unger, the bill was recommitted to the Committee on Banking and Insurance.
Com. Sub. for Senate Bill No. 282, Continuing Highway Design-Build Pilot Program.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 344, Relating to special method for appraising qualified capital additions to manufacturing facilities.
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 manufacturer's liability for prescription drug warning or instruction.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 514, Authorizing legislative rule for Higher Education Policy Commission regarding authorization of degree-granting institutions.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 538, Creating Learn and Earn Cooperative Education Program.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
The Senate proceeded to the twelfth order of business.
Remarks were made by Senators Palumbo and Minard.
Thereafter, at the request of Senator Stollings, and by unanimous consent, the remarks by Senator Minard were ordered printed in the Appendix to the Journal.
On motion of Senator Unger, leaves of absence for the day were granted Senators Tomblin (Mr. President) and Yost.
Pending announcement of meetings of standing committees of the Senate,
On motion of Senator Unger, the Senate adjourned until tomorrow, Wednesday, February 23, 2011, at 11 a.m.
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