WEST VIRGINIA LEGISLATURE
EXTENDED SESSION, 2011
Charleston, W. Va., Wednesday, March 16, 2011
The Senate met at 4:30 p.m.
(Senator Kessler, Acting President, in the Chair.)
Prayer was offered by the Honorable Walt Helmick, a senator
from the fifteenth district.
Pending the reading of the Journal of Tuesday, March 15, 2011,
On motion of Senator Snyder, the Journal was approved and the
further reading thereof dispensed with.
The Senate proceeded to the third order of business.
The Clerk then presented a communication from His Excellency,
the Governor, advising that on March 15, 2011, he had approved Enr.
House Bill No. 2708.
The Senate proceeded to the fourth order of business.
Senator Miller, from the Joint Committee on Enrolled Bills,
submitted the following report, which was received:
Your Joint Committee on Enrolled Bills has examined, found
truly enrolled, and on the 16th day of March, 2011, presented to
His Excellency, the Governor, for his action, the following bills,
signed by the Acting President of the Senate and the Speaker of the House of Delegates:
(Com. Sub. for S. B. No. 121), Authorizing DEP promulgate
(Com. Sub. for S. B. No. 234), Revising Municipal Economic
Opportunity Development District Act.
(Com. Sub. for S. B. No. 235), Revising County Economic
Opportunity Development District Act.
(Com. Sub. for S. B. No. 263), Relating to special plates for
testing of vehicles operated by certain nonprofit corporations.
(Com. Sub. for S. B. No. 282), Continuing Highway Design-Build
(Com. Sub. for S. B. No. 295), Authorizing DHHR promulgate
(S. B. No. 349), Requiring bittering agent be placed in
certain engine coolants and antifreezes.
(S. B. No. 413), Changing title of Racing Commission's racing
(S. B. No. 514), Authorizing legislative rule for Higher
Education Policy Commission regarding authorization of
(S. B. No. 538), Creating Learn and Earn Cooperative Education
(Com. Sub. for H. B. No. 2438), Bringing older contradicting
language still remaining in the code into conformity with
§3-2-5(b)(3) and reestablishing a definition for "independent
(Com. Sub. for H. B. No. 2626), Authorizing the Department of
Commerce to promulgate legislative rules.
(Com. Sub. for H. B. No. 2750), Adding consideration of sexual
assault in issuing an order to temporarily or permanently end a
(H. B. No. 2765), Relating to the retirement plans
administered by the West Virginia Consolidated Public Retirement
(H. B. No. 2971), Relating to the definition of the term
"durable medical equipment".
(H. B. No. 2989), Creating a process by which the West
Virginia Racing Commission may grant stay requests,
(Com. Sub. for H. B. No. 3064), Finding and declaring certain
claims against the state and its agencies to be moral obligations
of the state.
(Com. Sub. for H. B. No. 3205), Reducing jail sentence for
successful completion of education and rehabilitation programs.
Ronald F. Miller,
Chair, Senate Committee.
Meshea L. Poore,
Chair, House Committee.
Pending announcement of a majority party caucus,
Senator Unger then moved that the Senate adjourn until
tomorrow, Thursday, March 17, 2011, at 11 a.m.
The question being on the adoption of Senator Unger's
aforestated motion, and on this question, Senator Unger demanded
the yeas and nays.
The roll being taken, the yeas were: Boley, Browning, Chafin,
Edgell, D. Facemire, K. Facemyer, Green, Hall, Helmick, Jenkins,
Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells,
Williams, Wills, Yost and Kessler (Acting President)--29.
The nays were: Beach and Foster--2.
Absent: Barnes, Fanning and Tomblin (Mr. President)--3.
So, a majority of those present and voting having voted in the
affirmative, the Acting President declared Senator Unger's motion
In accordance with the foregoing motion, the Senate adjourned
until tomorrow, Thursday, March 17, 2011, at 11 a.m.