WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
EIGHTIETH LEGISLATURE
REGULAR SESSION, 2012
THIRTY-FIFTH DAY
____________
Charleston, W. Va., Tuesday, February 14, 2012
The Senate met at 11 a.m.
(Senator Kessler, Mr. President, in the Chair.)
Prayer was offered by the Reverend Tommy Bartlett, Youth Pastor, Maranatha Baptist Church, Charleston, West Virginia.
Pending the reading of the Journal of Monday, February 13, 2012,
On motion of Senator Nohe, 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, to take effect from passage, and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 4012--A Bill to amend and reenact §16-1-7 of the Code of West Virginia, 1931, as amended; to amend and reenact §30-16-4 of said code; to amend and reenact §30-23-5 of said code; and to amend and reenact §30-26-3 and §30-26-4 of said code, all relating to boards; changing the membership of boards; removing the Commissioner of the Bureau for Public Health from certain boards; removing the requirement that the commissioner provide support to certain boards; allowing certain boards to receive compensation not to exceed the amount paid to legislators; and updating the name of certain boards.
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. 4101--A Bill to amend and reenact §18A-3-1 and 18A-3-2a of the Code of West Virginia, 1931, as amended, all relating to teacher preparation and certification; authorizing certification under certain conditions of teachers certified in another state who did not graduate from regionally accredited institution; authorizing teacher-in-residence programs for certain prospective teachers in lieu of student teaching; defining teacher-in-residence programs and providing minimum requirements; providing use of certain funds for program support and student stipend; creating teacher-in-residence permit and specifying conditions; conforming sections to other provisions of law and removing duplicative and outdated language; and authorizing counties with comprehensive induction programs to use consistent structure for supervision and training of student teachers.
Referred to the Committee on Education.
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. 4122--A Bill to amend and reenact §18A-3-1a and §18A-3-1b of the Code of West Virginia, 1931, as amended, all relating to alternative programs for teacher education; providing definitions; including entity affiliated with approved teacher education programs to be a partner in offering programs; defining approved education provider; generally reorganizing section, updating terms and eliminating duplicative language; allowing participation of candidates pursuing certification to teach American Sign Language; eliminating requirement to post position of alternative program teacher each year prior to rehiring; authorizing alternative methods of instructional delivery and candidate supervision and modifying existing methods; modifying reporting and recommendation requirements; and requiring certain legislative rules.
Referred to the Committee on Education.
Executive Communications
Senator Kessler (Mr. President) laid before the Senate the following communication from His Excellency, the Governor:
STATE OF WEST VIRGINIA
OFFICE OF THE GOVERNOR
CHARLESTON
February 9, 2012
The Honorable Jeffrey V. Kessler
President, West Virginia Senate
The Honorable Richard Thompson
Speaker, West Virginia House of Delegates
State Capitol
Charleston, West Virginia
Dear President Kessler and Speaker Thompson:
My recommended FY 2013 Executive Budget, which was submitted on January 11, 2012, included retirement contributions based on the best estimates available at that time. Those estimated retirement contribution numbers have been updated and the final contribution amounts for West Virginia’s retirement systems are now available. Due to these changes in the final actuarial valuations for the Teachers’ Defined Benefit System (TRS), Judges’ Retirement System (JRS), State Police Retirement System, and Public Employees Retirement System (PERS), various line items throughout the Budget Bill can be adjusted.
These adjustments amount to a net decrease of $22,787,855 in the required contributions for the various retirement systems in FY 2013 for the General Revenue, Lottery, and Excess Lottery Funds.
I recommend that $5,000,000 of these available funds be appropriated for substance abuse prevention, early intervention, treatment and recovery services and the remaining $17,787,855 be appropriated to the State’s Medicaid Program which is facing major funding challenges in future fiscal years.
Therefore, I submit revisions to the FY 2013 Budget Bill for the TITLE II -- APPROPRIATIONS as follows:
Section 1. Appropriations from general revenue.
Funds appropriated for the Public Employees Retirement System (PERS), are adjusted in numerous line items throughout the Governor’s Recommended FY 2013 Budget Bill in General Revenue. Please see the attached spreadsheet* for the adjustments relating to the January 19, 2012, final actuarial estimation. The total reduction for PERS in the General Revenue Fund is $3,723,697.
Judicial
Supreme Court, Fund 0180, Fiscal Year 2013, Org 2400
(To adjust the appropriation due to the January 19, 2012, final actuarial estimation for JRS. Note that this adjustment reduces the amount to the Supreme Court's FY 2013 request.)
● Decrease “Judges’ Retirement System” Activity 110 by $160,000.
Department of Education
State Department of Education - State Aid to Schools, Fund 0317, Fiscal Year 2013, Org 0402
(To adjust the State Aid Formula Teachers’ Retirement System and the Retirement Systems - Unfunded Liability appropriations due to the January 19, 2012, final actuarial estimation.)
●Increase “Teachers’ Retirement System” Activity 019 by $11,218,000.
●Decrease “Retirement Systems - Unfunded Liability” Activity 775 by $19,542,000.
Department of Health and Human Resources
Consolidated Medical Service Fund, Fund 0525, Fiscal Year 2013, Org 0506
(To add a new item of appropriation for the Substance Abuse Continuum of Care.)
● Add “Substance Abuse Continuum of Care” Activity 354 for $5,000,000.
(To add new language for the Substance Abuse Continuum of Care line item.)
● Add the following language, “From the above appropriation (activity 354), the funding will be consistent with the goal areas outlined in the Comprehensive Substance Abuse Strategic Action Plan. Prior to disbursement of funds, the Department of Health and Human Resources, Bureau for Behavioral Health and Health Facilities, shall submit a gap analysis of substance abuse services, and an outline of service provision costs to provide assistance to the Regional Task Forces and the Advisory Council for development and prioritization of recommendations.”
Division of Human Services, Fund 0403, Fiscal Year 2013, Org 0511
(To increase the appropriation for Medical Services.)
● Increase “Medical Services” Activity 189 by $7,848,855.
Department of Military Affairs and Public Safety
West Virginia State Police, Fund 0453, Fiscal Year 2013, Org 0612
(To adjust the appropriation due to the January 19, 2012, final actuarial estimation for State Police Plan A Retirement and State Police Plan B Retirement.)
● Decrease “Trooper Retirement Fund” Activity 605 by $158,414.
● Decrease “Retirement Systems - Unfunded Liability” Activity 775 by $438,000.
Bureau of Senior Services
Bureau of Senior Services, Fund 0420, Fiscal Year 2013, Org 0508
(To decrease the appropriation for the Transfer to Division of Human Services and Title XIX Waiver for Seniors.) (see equal increase in Lottery Funds below)
● Decrease “Transfer to Division of Human Services for Health Care and Title XIX Waiver for Seniors” Activity 539 by $44,744.
Section 4. Appropriations from lottery net profits.
Funds appropriated for the Public Employees Retirement System (PERS), are adjusted in various line items throughout the Governor’s Recommended Budget Bill in Lottery Net Profits. Please see the attached spreadsheet* for the adjustments relating to the January 19, 2012, final actuarial estimation. The total reduction for PERS in the Lottery Fund is $44,744.
Bureau of Senior Services
Bureau of Senior Services, Lottery Senior Citizens Fund, Fund 5405, Fiscal Year 2013, Org 0508
(To increase funding for the Transfer to Division of Human Services and Title XIX Waiver for Seniors.) (moved from General Revenue Fund)
● Increase “Transfer to Division of Human Services for Health Care and Title XIX Waiver for Seniors” Activity 539 by $44,744.
Section 5. Appropriations from state
excess lottery revenue fund.
Department of Revenue
Lottery Commission - Excess Lottery Revenue Fund Surplus, Fund 7208, Fiscal Year 2013, Org 0705
(To adjust the appropriation due to the January 19, 2012, final actuarial estimation for Teachers’ Retirement Savings Realized.)
● Decrease “Teachers’ Retirement Savings Realized” Activity 095 by $9,939,000.
Department of Health and Human Resources
Division of Human Services, Fund 5365, Fiscal Year 2013, Org 0511
(To increase the appropriation for Medical Services.)
● Increase “Medical Services” Activity 189 by $9,939,000.
Thank you for your prompt consideration of this matter. Your cooperation is always appreciated. Should you have any questions or require additional information, please call me at any time.
Sincerely,
Earl Ray Tomblin,
Governor.
*The attached spreadsheet is on file in the Office of the Senate Clerk.
Which communication was received and referred to the Committee on Finance.
The Senate proceeded to the fourth order of business.
Senator Miller, from the Committee on Agriculture, submitted the following report, which was received:
Your Committee on Agriculture has had under consideration
Senate Bill No. 105, Creating criminal offense for animal fighting ventures involvement.
And reports the same back with the recommendation that it do pass; but under the original double committee reference first be referred to the Committee on the Judiciary.
Respectfully submitted,
Ronald F. Miller,
Chair.
The bill, under the original double committee reference, was then referred to the Committee on the Judiciary.
Senator Prezioso, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 373, Providing State Police collect fee for advanced training.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 373 (originating in the Committee on Finance)--A Bill to amend and reenact §15-2-3 of the Code of West Virginia, 1931, as amended, relating to training at the West Virginia State Police Training Academy; requiring entry-level training to be provided without a fee; authorizing advanced training to be provided for a fee; creating a special revenue account to be known as the Academy Training and Professional Development Fund; and authorizing expenditures from the fund for specific training-related expenses.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
Senator Prezioso, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 410, Requiring backup withholding for certain gambling prizes.
And,
Senate Bill No. 428, Relating to motor vehicle registration of governmental vehicles.
And reports the same back with the recommendation that they each do pass.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
Senator D. Facemire, from the Committee on Energy, Industry and Mining, submitted the following report, which was received:
Your Committee on Energy, Industry and Mining has had under consideration
Senate Bill No. 412, Increasing PSC civil penalties for Gas Pipeline Safety Act violations.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 412 (originating in the Committee on Energy, Industry and Mining)--A Bill to amend and reenact §24B-4-6 of the Code of West Virginia, 1931, as amended, relating to civil penalties that can be imposed by the Public Service Commission for pipeline safety violations.
With the recommendation that the committee substitute do pass; but under the original double committee reference first be referred to the Committee on the Judiciary.
Respectfully submitted,
Douglas E. Facemire,
Chair.
The bill (Com. Sub. for S. B. No. 412), under the original double committee reference, was then referred to 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. 421, Creating Captive Cervid Farming Act.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 421 (originating in the Committee on the Judiciary)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §19-2H-1, §19-2H-2, §19-2H-3, §19-2H-4, §19-2H-5, §19-2H-6, §19-2H-7, §19-2H-8, §19-2H-9, §19-2H-10, §19-2H-11, §19-2H-12, §19-2H-13, §19-2H-14 and §19-2H-15; to amend and reenact §19-29-2 of said code; to amend and reenact §20-1-2 of said code; and to amend and reenact §20-2-11 and §20-2-12 of said code, all relating to regulating captive cervid farming as an agricultural enterprise in this state; stating the powers and duties of the Department of Agriculture; promulgating rules; establishing the duties and obligation of the commissioner; creating an application process; issuing, renewing, modifying and transferring license certificates; inspecting facilities; transitioning current facilities to new licensure procedures; creating penalties for noncompliance with article; amending Division of Natural Resources laws relating to captive cervids; and providing for certain criminal penalties and remedies.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Corey Palumbo,
Chair.
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. 422, Relating generally to retirement benefits and costs of PERS, State Police Retirement System and TRS.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 422 (originating in the Committee on Pensions)--A Bill to amend and reenact §5-10-2, §5-10-14, §5-10-15a, §5-10-20, §5-10-21 and §5-10-29 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §5-10-21a; to amend and reenact §5-16-13 of said code; to amend and reenact §15-2A-21 of said code; to amend and reenact §18-7A-23 and §18-7A-25 of said code; and to amend said code by adding thereto a new section, designated §18-7A-25b, all relating generally to benefits and costs for future members of the West Virginia Public Employees Retirement System, State Police Retirement System and Teachers Retirement System.
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,
Dan Foster,
Chair.
The bill (Com. Sub. for S. B. No. 422), 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. 471, Authorizing Supreme Court establish mental hygiene commissioners' compensation.
And reports the same back with the recommendation that it do 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
Com. Sub. for Senate Bill No. 477 (originating in the Committee on Natural Resources), Limiting possession of wild and exotic animals.
And reports back a committee substitute for same with the following title:
Com. Sub. for Com. Sub. for Senate Bill No. 477 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §20-2-51 and §20-2-52 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new article, designated §20-9-1, §20-9-2, §20-9-3, §20-9-4, §20-9-5, §20-9-6, §20-9-7 and §20-9-8, all relating to limiting the possession of wild and exotic animals; revising pet and roadside menagerie permits; expressing legislative intent; stating agency jurisdiction; defining certain terms; permitting expansion of the definitions; limiting custody and control of wild and exotic animals; permitting the Division of Natural Resources to issue a permit for a wild and exotic animal legally possessed prior to the effective date; setting forth permit requirements; requiring a notarized permit application and fee; involving the county animal control officer or the sheriff for inspections; requiring an emergency plan; requiring relinquishment of animal prior to euthanization; compliance with the Animal Welfare Act; providing exemptions; providing for confiscation and disposition of animals; requiring interagency cooperation; providing rule-making and emergency rule-making authority; requiring the division to report to the Joint Committee on Government and Finance; and providing criminal penalties and fines.
With the recommendation that the committee substitute for 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. 485, Creating Fiscal and Policy Division under Joint Committee on Government and Finance.
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
Com. Sub. for Senate Bill No. 486 (originating in the Committee on the Judiciary), Relating generally to Judges' Retirement System.
And reports back a committee substitute for same with the following title:
Com. Sub. for Com. Sub. for Senate Bill No. 486 (originating in the Committee on Pensions)--A Bill to amend and reenact §51-9-4 of the Code of West Virginia, 1931, as amended, all relating to the judicial retirement system; reducing the contribution rate of judges; authorizing the Consolidated Public Retirement Board to annually establish future participant contribution rates based on the State Actuary’s report; and limiting the participant contribution rate to ten and one-half percent of a participant’s salary.
With the recommendation that the committee substitute for committee substitute do pass; but under the double committee reference first be referred to the Committee on Finance.
Respectfully submitted,
Dan Foster,
Chair.
The bill (Com. Sub. for S. B. No. 486), under the original double committee reference, was then referred to the Committee on Finance.
Senator Beach, from the Committee on Transportation and Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had under consideration
Senate Bill No. 493, Exempting certain unmarked law-enforcement vehicles from sun-screening restrictions.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Robert D. Beach,
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. 499, Clarifying PEIA is not "insurer" or engaged in "business of insurance".
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Corey Palumbo,
Chair.
Senator Palumbo, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 527, Relating to livestock trespassing.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 527 (originating in the Committee on the Judiciary)--A Bill to repeal §19-18-4, §19-18-5, §19-18-6, §19-18-7, §19-18-8, §19-18-9, §19-18-10, §19-18-11 and §19-18-12 of the Code of West Virginia, 1931, as amended; and to amend and reenact §19-18-1, §19-18-2 and §19-18-3 of said code, all relating to providing for general livestock trespass law; prohibiting livestock from trespassing; clarifying damages that may be recovered; permitting containment of livestock; requiring owner of trespassing livestock be notified; requiring containment costs be negotiated; permitting containment costs to be recovered in court; permitting the sheriff to take possession of unclaimed livestock; permitting unclaimed livestock be sold at auction; setting forth how the proceeds of a livestock sale shall be distributed; and establishing misdemeanor penalties.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Corey Palumbo,
Chair.
Senator Beach, from the Committee on Transportation and Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had under consideration
Senate Concurrent Resolution No. 17, Requesting DOH name bridge in Boone County "Fred York Memorial Bridge".
Senate Concurrent Resolution No. 20, Requesting DOH name portion of Wayne County Rt. 35 "Crum Brothers Memorial Highway".
Senate Concurrent Resolution No. 21, Requesting DOH name bridge in McDowell County "Adam Bailey Memorial Bridge".
Senate Concurrent Resolution No. 23, Requesting DOH name bridge in Boone County "Sgt. Ollie McComas, Jr., Memorial Bridge".
And,
Senate Concurrent Resolution No. 24, Requesting DOH name bridge in Mingo County "Reverend Arnold and Nell Mollette Memorial Bridge".
And reports the same back with the recommendation that they each be adopted.
Respectfully submitted,
Robert D. Beach,
Chair.
At the request of Senator Unger, unanimous consent being granted, the resolutions (S. C. R. Nos. 17, 20, 21, 23 and 24) contained in the preceding report from the Committee on Transportation and Infrastructure were taken up for immediate consideration.
The question being on the adoption of the resolutions, 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.
Senator Beach, from the Committee on Transportation and Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had under consideration
Senate Concurrent Resolution No. 19, Requesting DOH name bridge in Wetzel County "Lt. Howard R. 'Bob' Crothers Memorial Bridge".
And reports back a committee substitute for same as follows:
Com. Sub. for Senate Concurrent Resolution No. 19 (originating in the Committee on Transportation and Infrastructure)--Requesting the Division of Highways to name the bridge on WV Route 2, crossing Fishing Creek in Wetzel County, bridge number 52-2-5.19, as the “Lt. Howard R. ‘Bob’ Crothers Memorial Bridge”.
Whereas, Lt. Howard R. “Bob” Crothers was born on January 22, 1942, in New Martinsville, West Virginia, the only son of Mrs. Billy R. Jeffers; and
Whereas, Lt. Howard R. “Bob” Crothers was a graduate of Magnolia High School, where he played football, basketball and baseball, and West Liberty State College, where he joined the ROTC; and
Whereas, Lt. Howard R. “Bob” Crothers achieved the rank of First Lieutenant before being deployed to Vietnam on March 7, 1968, as the Infantry Unit Commander of A Company, 4th Battalion, 31st Infantry, 197th Light Infantry Brigade, Americal Division; and
Whereas, Lt. Howard R. “Bob” Crothers served his country with honor and distinction until he was killed in action on May 1, 1968, in the Thua Thien Province, South Vietnam, the result of wounds received from a hostile booby trap; and
Whereas, Lt. Howard R. “Bob” Crothers was posthumously awarded the Purple Heart Medal, the Bronze Star Medal, the National Defense Medal, the Vietnam Service Medal, the Vietnam Campaign Ribbon and the Combat Infantry Badge; and
Whereas, It is fitting and proper that Lt. Howard R. “Bob” Crothers be remembered and acknowledged for his courageous action and ultimate sacrifice; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways to name the bridge on WV Route 2, crossing Fishing Creek in Wetzel County, bridge number 52-2-5.19, as the “Lt. Howard R. ‘Bob’ Crothers Memorial Bridge”; and, be it
Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the bridge as the “Lt. Howard R. ‘Bob’ Crothers Memorial Bridge”; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation and to the family of Lt. Howard R. “Bob” Crothers.
And,
Senate Concurrent Resolution No. 25, Requesting DOH name portion of Rt. 62 in Mason County "1SG Robert Nicholas Barton II Memorial Highway".
And reports back a committee substitute for same as follows:
Com. Sub. for Senate Concurrent Resolution No. 25 (originating in the Committee on Transportation and Infrastructure)--Requesting the Division of Highways to name a portion of West Virginia Route 62 in Mason County from the New Haven corporate limit, mile point 38.43, to the Bridge of Honor in Mason, mile point 33.36, the “1SG Robert Nicholas Barton II Memorial Highway”.
Whereas, 1SG Robert Nicholas Barton II was born November 28, 1974, at Fort Knox, Kentucky, the son of Rebecca Ann Paugh Coleman, from New Haven, West Virginia, and Robert Nicholas Barton, who grew up in Mason, West Virginia; and
Whereas, 1SG Robert Nicholas Barton II loved football (especially Notre Dame) and baseball. His favorite quote, made famous by the Notre Dame Football team was, “Play like a champion today”; and
Whereas, 1SG Robert Nicholas Barton II was a career soldier who completed six overseas tours of duty in Bosnia (twice), Kuwait, Iraq (twice) and Afghanistan; and
Whereas, 1SG Robert Nicholas Barton II achieved the rank of First Sergeant of A Company, 2nd Battalion, 327th Infantry Regiment, 101st Airborne Division; and
Whereas, 1SG Robert Nicholas Barton II was killed in action on June 7, 2010, in the Konar (Kunar) province of Afghanistan, the result of an IED explosion that claimed his life along with four other members of his company. The body of 1SG Robert Nicholas Barton II was located 200 miles down the Konar River on June 23, 2010; and
Whereas, Services for 1SG Robert Nicholas Barton II were held on July 2, 2010, in Hopkinsville, Kentucky. The funeral took place at the First Baptist Church, followed by a funeral procession escorted by Patriot Guard Riders to the Kentucky Veterans Cemetery-West, right outside Ft. Campbell, where 1SG Robert Nicholas Barton II was buried with full military honors; and
Whereas, 1SG Robert Nicholas Barton II was survived by his wife, Rebecca Barton, and stepson, Jason Wells; his mother, Rebecca Coleman; his father, Robert Nicholas Barton; his sister, Stephanie Barton; brothers, Nathaniel Coleman, Nicholas Barton and Robbie Roush; maternal grandparents, Rodra Patricia Paugh and Joseph Franklin Paugh; paternal grandparents, Doris Roberts and Robert W. Barton; niece, Ranan Joy Barton; and nephews, Kyle Lee Boles and Phillip Carlos Hall; and
Whereas, 1SG Robert Nicholas Barton II was posthumously awarded the Bronze Star Medal and the Purple Heart Medal. In addition, he was the recipient of two Bronze Stars, one Meritorious Service Medal, three Army Commendation Medals, three Army Achievement Medals, the Meritorious Unit Commendation, two Army Superior Unit Awards, five Army Good Conduct Medals, two National Defense Service Medals, the Iraq Campaign Medal, the Afghanistan Campaign Medal, the Global War on Terrorism Medal, two Armed Forces Service Medals, three Noncommissioned Officer Professional Development Ribbons, one Army Service Ribbon, three Overseas Campaign Ribbons, one NATO Medal, the Drill Sergeant Identification Badge, the Ranger Tab, the Combat Infantryman Badge, the Expert Infantryman Badge, the Pathfinder Badge, the Air Assault Badge and the Expert Weapons Qualification Badge (M4); and
Whereas, It is fitting and proper that 1SG Robert Nicholas Barton II be remembered and honored for his courageous action and ultimate sacrifice in defense of our nation; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways name a portion of West Virginia Route 62 in Mason County from the New Haven corporate limit, mile point 38.43, to the Bridge of Honor in Mason, mile point 33.36, the “1SG Robert Nicholas Barton II Memorial Highway”; and, be it
Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the highway as the “1SG Robert Nicholas Barton II Memorial Highway”; 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 and to the family of the late 1SG Robert Nicholas Barton II.
With the recommendation that the two committee substitutes be adopted.
Respectfully submitted,
Robert D. Beach,
Chair.
At the request of Senator Unger, unanimous consent being granted, the resolutions (Com. Sub. for S. C. R. Nos. 19 and 25) contained in the preceding report from the Committee on Transportation and Infrastructure were taken up for immediate consideration.
The question being on the adoption of the resolutions, 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.
Senator Prezioso, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Senate Concurrent Resolution No. 37 (originating in the Committee on Finance)--Requesting the Joint Committee on Government and Finance to study voluntary crop growing standards.
Whereas, Agriculture is very important to the state’s economy; and
Whereas, There are over 23,000 farmers in the state; and
Whereas, There has never been a study tracking the crops to larger markets; and
Whereas, There has never been a study of the impact of incorporating West Virginia produce into school meals; and
Whereas, There does not exist a uniform crop growing standard within the Department of Agriculture; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Joint Committee on Government and Finance to study voluntary crop growing standards; and, be it
Further Resolved, That the Joint Committee on Government and Finance is hereby requested to study the share of the market that the West Virginia growers occupy within the statewide food sales; and, be it
Further Resolved, That the Joint Committee on Government and Finance is hereby requested to study the feasability and fiscal impact of incorporating West Virginia produce and products into school meals; and, be it
Further Resolved, That the Joint Committee on Government and Finance is hereby requested to study potential impact of expanding the West Virginia Grown Program; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2013, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
And reports the same back with the recommendation that it be adopted.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
On motion of Senator Unger, the resolution (S. C. R. No. 37) contained in the foregoing report from the Committee on Finance was referred to the Committee on Rules.
The Senate proceeded to the sixth order of business.
On motions for leave, severally made, the following bills and joint resolution were introduced, read by their titles, and referred to the appropriate committees:
By Senator Snyder:
Senate Bill No. 580--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §48-13-703, relating to permitting the restructuring of child support payments of an inmate who is released from the custody of the Division of Corrections or United States Bureau of Prisons under certain circumstances; and providing that one judge may assume authority over all child support obligations of the former inmate.
Referred to the Committee on the Judiciary.
By Senators Stollings, Kessler (Mr. President), Plymale, Prezioso, Hall, Boley, Laird, Foster, Palumbo and Jenkins:
Senate Bill No. 581--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-2L-1, §16-2L-2, §16-2L-3, §16-2L-4, §16-2L-5, §16-2L-6, §16-2L-7, §16-2L-8, §16-2L-9, §16-2L-10, §16-2L-11, §16-2L-12 and §16-2L-13, all relating to creating the Provider Sponsored Network Act; stating purpose; making legislative findings; defining terms; describing the services to be performed and programs to be undertaken by a provider sponsored network; authorizing the Secretary of the Department of Health and Human Resources to recognize provider sponsored networks; assigning Medicaid beneficiaries to a provider sponsored network; authorizing the Secretary of the Department of Health and Human Resources to contract with a provider sponsored network; providing for payment for services provided by a provider sponsored network; providing for participation of health care providers in a provider sponsored network; providing an exemption from antitrust laws; addressing business and insurance risk; excluding insurance regulation; requiring studies and reports; providing for shared savings with the state and defining the shared amounts; providing minimum capital and surplus amounts; and requiring that the award of provider sponsored network contracts be an open application process using standards established by the secretary.
Referred to the Committee on Banking and Insurance; and then to the Committee on the Judiciary.
By Senators Unger and Klempa:
Senate Bill No. 582--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §50-3-2c, relating to permitting magistrate courts to collect unpaid costs, fines, forfeitures and penalties it has imposed on a defendant; permitting those unpaid costs, fines, forfeitures and penalties to be deducted from a defendant’s income tax refund; creating the Magistrate Fines and Fees Collection Fund; permitting the Tax Commissioner to charge an administrative fee; and providing rule-making authority.
Referred to the Committee on the Judiciary.
By Senators Foster and Klempa:
Senate Bill No. 583--A Bill to amend and reenact §30-7-1 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §30-7-1a, all relating to defining the term “advanced practice registered nurse”; providing a grandfather clause; and providing rule-making authority.
Referred to the Committee on Health and Human Resources.
By Senators Kessler (Mr. President), Plymale, Snyder, Browning, Edgell, Stollings, D. Facemire, Prezioso, Unger, Kirkendoll, Foster, Yost, Klempa and Chafin:
Senate Bill No. 584--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §24-2-4f, relating generally to authorizing the Public Service Commission of West Virginia to consider and authorize the recovery of certain expanded net energy costs by certain electric utilities through the issuance of consumer rate relief bonds where such financing is reasonably expected to result in cost savings and rate mitigation to customers when compared with traditional financing or cost-recovery methods.
Referred to the Committee on the Judiciary.
By Senators Stollings and Snyder:
Senate Bill No. 585--A Bill to amend and reenact §19-23-13b of the Code of West Virginia, 1931, as amended, relating to increasing opportunities for West Virginia accredited thoroughbred race horses by adding one West Virginia accredited race per day at each thoroughbred track; and having West Virginia accredited races not count in condition eligibility for open races at West Virginia thoroughbred racetracks.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senators Prezioso, Foster and Stollings:
Senate Bill No. 586--A Bill to amend and reenact §11-17-3 of the Code of West Virginia, 1931, as amended, relating generally to raising the excise tax on cigarettes and all other tobacco products; and establishing a special revenue account.
Referred to the Committee on Health and Human Resources; and then to the Committee on Finance.
By Senator Foster:
Senate Bill No. 587--A Bill to amend and reenact §30-6-3 and §30-6-22 of the Code of West Virginia, 1931, as amended; and to amend and reenact §61-12-9 of said code, all relating to professions and occupations; Board of Funeral Service Examiners; definitions; specifically including the surviving spouse and a designated individual previously chosen by the deceased as a person who may designate the manner of disposition of a deceased person’s body; crimes and their punishment; postmortem examinations; permits required for cremation; criminal penalties; and establishing an order of precedence among persons as to disposition of remains.
Referred to the Committee on Government Organization; and then to the Committee on the Judiciary.
By Senators Palumbo, Stollings, Plymale, Jenkins and Barnes:
Senate Bill No. 588--A Bill to repeal §60A-8-4 of the Code of West Virginia, 1931, as amended; to amend and reenact §60A-8-3, §60A-8-5 and §60A-8-7 of said code; and to amend said code by adding thereto three new sections, designated §60A-8-14, §60A-8-15 and §60A-8-16, all relating generally to wholesale drug distributors licensed by Board of Pharmacy; specifying purpose of article; defining terms; specifying wholesale drug distributor licensing requirements; specifying powers of Board of Pharmacy; authorizing board to take certain disciplinary action against licensees, including civil penalties; providing for register of wholesale and pharmacy distributors of prescription drugs; and providing for the disposition of fees.
Referred to the Committee on Government Organization; and then to the Committee on the Judiciary.
By Senators Kessler (Mr. President) and Prezioso:
Senate Bill No. 589--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-2M-1, §16-2M-2, §16-2M-3, §16-2M-4, §16-2M-5, §16-2M-6, §16-2M-7, §16-2M-8, §16-2M-9 and §16-2M-10, all relating to abortions generally; protecting unborn children who are capable of experiencing pain by prohibiting abortion after twenty weeks postfertilization except when the mother has a medical emergency; providing for civil remedies and remedies at law; stating legislative findings; definitions; creating felony criminal penalties; and creating a special revenue fund known as the West Virginia Pain-Capable Unborn Child Protection Act Litigation Fund.
Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
By Senators Snyder, Unger and Browning:
Senate Joint Resolution No. 10--Proposing an amendment to the Constitution of the State of West Virginia, amending section two, article XII thereof, relating to permitting members of the State Board of Education to serve four-year terms; permitting current members to serve out their current terms; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
Senators Laird, Unger, Plymale, Stollings and Yost offered the following resolution:
Senate Resolution No. 26--Recognizing professional loggers throughout the State of West Virginia.
Whereas, The West Virginia Division of Forestry created the “Loggers of Excellence” program as a recognition initiative designed and implemented to place positive emphasis on those professional loggers who go above and beyond the law during a given calendar year; and
Whereas, Professional loggers must qualify for the following minimum criteria on an annual basis: The company must maintain a valid timber license for the entire year; must be in compliance with the laws of the state, specifically referring to their business license, worker’s compensation, and unemployment compensation; must receive no orders for noncompliance from the Division of Forestry; must be a professional logger who has harvested at least 100 acres during the year; and
Whereas, Professional loggers are the keystone for the entire forest products industry which provides tremendous economic benefit to the state; and
Whereas, The following 21 professional loggers have exceeded these standards for 5 consecutive calendar years: Appalachian Logging, Bennett Logging Company Inc., Bragg Wood Products Inc., Bulldog Logging LLC, C&B Logging Inc., D&K Logging Inc., D&S Contracting, Gerald Damron Logging, Hamilton Construction, Harry Vance Logging, JMB Logging LLC, Judy Logging, Larry Shaws Logging, Lynch Hardwoods LLC, R Petrice Logging, RD Timber LLC, Robinson Logging Co LLC, S&S Enterprises, Simmons Brothers Logging Inc., Whites Logging LLC, Williams & Sons Lumber Co Inc.; and
Whereas, Forest management and sustainability is impossible without the efforts of professional loggers; therefore, be it
Resolved by the Senate:
That the Senate hereby recognizes professional loggers throughout the State of West Virginia; and, be it
Further Resolved, That the Senate invites all members of the West Virginia Legislature and all citizens of West Virginia to join in recognizing the contribution of the forest industry of West Virginia and the outstanding example that these companies have set; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the Division of Forestry.
At the request of Senator Laird, 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.
Senators Unger, Plymale, Yost and Stollings offered the following resolution:
Senate Resolution No. 27--Recognizing the many contributions of the thousands of volunteers and paid staff at pregnancy care centers in West Virginia and across the United States.
Whereas, The life-affirming impact of pregnancy care centers on the women, men, children, and communities they serve is considerable and growing; and
Whereas, Pregnancy care centers serve women in West Virginia and across the United States with integrity and compassion with more than 2,500 centers across the United States providing comprehensive care to women and men facing unplanned pregnancies, including resources to meet their physical, psychological, emotional and spiritual needs; and
Whereas, Pregnancy care centers offer women free, confidential and compassionate services, including pregnancy tests, peer counseling, 24-hour hotlines, childbirth and pregnancy classes, and referrals to community, health care and other support services; and
Whereas, Many pregnancy care centers offer ultrasounds and other medical services, information on adoption and adoption referrals while encouraging women to make positive life choices by equipping them with complete and accurate information regarding their pregnancy options and the development of the unborn; and
Whereas, Pregnancy care centers ensure that women are receiving prenatal information and services that lead to the birth of healthy infants; and
Whereas, Pregnancy care centers provide important support and resources for women and their children, including prenatal care and education, ultrasound screenings, pregnancy tests, parenting training, life-skills education, financial management education, as well as the provision of nursery furniture, diapers, diaper bags, infant clothing, maternity clothing and child safety seats; and
Whereas, The pregnancy care centers of West Virginia have worked to prevent unplanned pregnancies among teens by teaching effective abstinence education to over 1,700 public school students in 2011; and
Whereas, In 2011, Pregnancy care centers in West Virginia provided services to more than 4,500 clients for an estimated savings of at least $46 million for West Virginia taxpayers; and
Whereas, Pregnancy care centers do not receive state or federal funding and operate primarily through reliance on the voluntary donations and the time of thousands of volunteers who are committed to caring for the needs of women and their families, while also promoting and protecting life; and
Whereas, Both federal and state governments are increasingly recognizing the valuable services of pregnancy care centers through the public support of such organizations; and
Whereas, The Senate strongly encourages the United States Congress and other federal and state government agencies to grant pregnancy care centers assistance for medical equipment and abstinence education in a manner that does not compromise the mission or religious integrity of these organizations; therefore, be it
Resolved by the Senate:
That the Senate hereby recognizes the many contributions of the thousands of volunteers and paid staff at pregnancy care centers in West Virginia and across the United States; and, be it
Further Resolved, That the Senate extends its sincere appreciation to these committed volunteers and staff who unselfishly work to educate, assist and contribute to the many women, men, children, families and babies that are in their need across West Virginia and the entire United States; and, be it Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to each pregnancy care center in West Virginia, to the President of the United States and to the President of the United States Senate and Speaker of the United States House of Representatives.
At the request of Senator Unger, 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.
Senators Stollings, Foster, Browning, Prezioso, Yost, Plymale and Unger offered the following resolution:
Senate Resolution No. 28--Memorializing the life of Dr. Mildred Mitchell-Bateman, friend, psychiatrist, former State Director of the Department of Mental Health, former Vice President of the American Psychiatric Association and former Chair of the Psychiatry Department at Marshall University’s School of Medicine.
Whereas, Dr. Mildred Mitchell-Bateman was born in Brunswick, Georgia, in 1922 to a minister and a registered nurse; and
Whereas, Dr. Mildred Mitchell-Bateman graduated from Johnson C. Smith University in Charlotte, North Carolina in 1941 and received an M.D. from the Women’s Medical College of Pennsylvania; and
Whereas, Dr. Mildred Mitchell-Bateman came to West Virginia when she was hired as a staff physician at West Virginia’s Lakin State Hospital for the mentally ill, where she would meet William L. Bateman, whom she married in 1947; and
Whereas, Dr. Mildred Mitchell-Bateman became clinical director of Lakin State Hospital in 1955 after leaving to practice privately and attend the Meninger School of Psychiatry in Topeka, Kansas; and
Whereas, Dr. Mildred Mitchell-Bateman was appointed Director of the Department of Mental Health by Governor Wallace Barron in 1962, becoming the first African-American woman to head a state agency in West Virginia; and
Whereas, In 1973, Dr. Mildred Mitchell-Bateman became the first African-American woman to serve as Vice President of the American Psychiatric Association and, four years later, was named one of four psychiatrists on the President’s Commission on Mental Health; and
Whereas, In 1977, Dr. Mildred Mitchell-Bateman became Chair of the Psychiatry Department at Marshall University’s School of Medicine; and
Whereas, Dr. Mildred Mitchell-Bateman’s dedicated advocacy on behalf of the mentally disabled, exemplified by a program called “Breaking the Disability Cycle” which she developed to give hope to patients who were previously considered untreatable, has earned numerous awards and distinctions including the Lifetime Achievement Award from the American Psychiatric Association in 2000 and the Governor’s Award for Civil Rights Contributions in 2004; and
Whereas, The Mildred Mitchell-Bateman Hospital, formerly Huntington State Hospital, bears her name acknowledging the ongoing legacy of her efforts; and
Whereas, Sadly, this heroic West Virginian passed away on January 25, 2012, leaving behind family, friends, countless patients, colleagues, former students and a State greatly bereaved by her departure; therefore, be it
Resolved by the Senate:
That the Senate hereby memorializes the life of Dr. Mildred Mitchell-Bateman, friend, psychiatrist, former State Director of the Department of Mental Health, former Vice President of the American Psychiatric Association and former Chair of the Psychiatry Department at Marshall University’s School of Medicine; and, be it
Further Resolved, That the Senate expresses its deepest sympathies to the family and friends of Dr. Mildred Mitchell- Bateman on her passing; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to members of Dr. Mildred Mitchell-Bateman’s family.
At the request of Senator Stollings, 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 proceeded to the seventh order of business.
Senate Concurrent Resolution No. 34, Requesting DOH name I-64 bridge in Kanawha County "Second Lieutenant Theodore Remington Woo Memorial Bridge".
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Transportation and Infrastructure.
Senate Concurrent Resolution No. 35, Requesting Joint Committee on Government and Finance study municipal property tax distribution.
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Finance; and then to the Committee on Rules.
Senate Concurrent Resolution No. 36, Requesting DOH name bridge in McDowell County "Corporal John A. Gero Memorial Bridge".
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Transportation and Infrastructure.
Senate Resolution No. 16, Urging Governor appropriate funds for 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.
The Senate proceeded to the eighth order of business.
Eng. Senate Bill No. 156, Allowing Corrections Commissioner use excess funds to offset operational costs.
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, Wills, Yost and Kessler (Mr. President)--32.
The nays were: None.
Absent: Kirkendoll and Williams--2.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 156) 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. 166, Making disarming or attempting to disarm correctional officer felony.
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, Wills, Yost and Kessler (Mr. President)--32.
The nays were: None.
Absent: Kirkendoll and Williams--2.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 166) 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. 186, Providing salary equity supplement payments to teachers and service personnel.
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, Wills, Yost and Kessler (Mr. President)--32.
The nays were: None.
Absent: Kirkendoll and Williams--2.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 186) passed with its title.
Senator Unger moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Wills, Yost and Kessler (Mr. President)--32.
The nays were: None.
Absent: Kirkendoll and Williams--2.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 186) 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. 208, Repealing Telecommunications Tax Act.
On third reading, coming up in regular order, was reported by the Clerk.
On motion of Senator Unger, the bill was rereferred to the Committee on Finance.
Eng. Senate Bill No. 215, Specifying unobligated moneys in Industrial Access Road Fund revert to State Road 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, Wills, Yost and Kessler (Mr. President)--32.
The nays were: None.
Absent: Kirkendoll and Williams--2.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 215) 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. 321, Authorizing Department of Military Affairs and Public Safety promulgate legislative rules.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Wills, Yost and Kessler (Mr. President)--32.
The nays were: None.
Absent: Kirkendoll and Williams--2.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 321) passed with its title.
Senator Unger moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Wills, Yost and Kessler (Mr. President)--32.
The nays were: None.
Absent: Kirkendoll and Williams--2.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 321) 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 Com. Sub. for Senate Bill No. 343, Providing volunteer and part-volunteer fire departments' grace period to meet eligibility for certain funds allocation.
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, Wills, Yost and Kessler (Mr. President)--32.
The nays were: None.
Absent: Kirkendoll and Williams--2.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for Com. Sub. for S. B. No. 343) 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. 411, Making electronic cash register automated sales suppression devices unlawful.
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, Wills, Yost and Kessler (Mr. President)--32.
The nays were: None.
Absent: Kirkendoll and Williams--2.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 411) 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. 430, Conforming code provisions to Streamlined Sales and Use Tax Agreement.
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, Wills, Yost and Kessler (Mr. President)--32.
The nays were: None.
Absent: Kirkendoll and Williams--2.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 430) passed with its title.
Senator Unger moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Wills, Yost and Kessler (Mr. President)--32.
The nays were: None.
Absent: Kirkendoll and Williams--2.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 430) 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. 461, Conforming election violation statute to federal code.
On third reading, coming up in regular order, was reported by the Clerk.
At the request of Senator Palumbo, unanimous consent being granted, the bill was laid over one day, retaining its place on the calendar.
Eng. Com. Sub. for House Bill No. 4107, Relating to volunteer firefighter training.
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, Wills, Yost and Kessler (Mr. President)--32.
The nays were: None.
Absent: Kirkendoll and Williams--2.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 4107) passed with its title.
Senator Unger moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Wills, Yost and Kessler (Mr. President)--32.
The nays were: None.
Absent: Kirkendoll and Williams--2.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 4107) takes effect passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
Eng. House Bill No. 4291, Relating to county law libraries established by the Supreme Court of Appeals.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Wills, Yost and Kessler (Mr. President)--32.
The nays were: None.
Absent: Kirkendoll and Williams--2.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 4291) passed.
The following amendment to the title of the bill, from the Committee on the Judiciary, was reported by the Clerk and adopted:
Eng. House Bill No. 4291--A Bill to amend and reenact §51-8-8 of the Code of West Virginia, 1931, as amended, relating to county law libraries operated by the Supreme Court of Appeals and circuit courts; providing that circuit courts may no longer establish county law libraries; and providing that the Supreme Court of Appeals alone shall determine the appropriate number thereof.
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.
Senate Bill No. 75, Creating Equine Rescue Facilities Act.
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. 164, Increasing sanctions for certain lawsuits and complaints filed by prisoners.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 214, Clarifying sunrise review requirement for establishment, revision or expansion of professional scope of practice.
On second reading, coming up in regular order, was reported by the Clerk.
At the request of Senator Snyder, unanimous consent being granted, the bill was laid over one day, retaining its place on the calendar.
Com. Sub. for Senate Bill No. 245, Authorizing Department of Health and Human Resources promulgate legislative rules.
On second reading, coming up in regular order, was read a second time.
On motion of Senator Palumbo, the following amendment to the bill was reported by the Clerk and adopted:
On page sixteen, by striking out all of section five.
The bill (Com. Sub. for S. B. No. 245), as amended, was then ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 287, Authorizing Department of Revenue promulgate legislative rules.
On second reading, coming up in regular order, was read a second time.
On motion of Senator Palumbo, the following amendment to the bill was reported by the Clerk and adopted:
On page seventeen, after line eighty, by adding thereto a new section, designated section seven, to read as follows:
§64-7-7. Directors of the West Virginia Health Insurance Plan.
The legislative rule filed in the State Register on July 28, 2011, authorized under the authority of section seven-b, article forty-eight, chapter thirty-three of this code, relating to the Board of Directors of the West Virginia Health Insurance Plan (premium subsidy, 113 CSR 1), is authorized.
The bill (Com. Sub. for S. B. No. 287), as amended, was then ordered to engrossment and third reading.
Senate Bill No. 335, Providing electronic payments subject to returned check fees.
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. 379, Authorizing Board of Registered Professional Nurses designate certain treatment and recovery programs for licensees.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 390, Relating generally to state revenue funds.
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. 408, Creating criminal offense for intentional defacement of public and private property.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 500, Allowing IS&C to bill certain spending units for telecommunication services annually.
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 eleventh order of business and the introduction of guests.
The Senate then proceeded to the twelfth order of business.
Remarks were made by Senator Boley.
On motion of Senator Unger, leaves of absence for the day were granted Senators Kirkendoll and Williams.
Pending announcement of meetings of standing committees of the Senate,
On motion of Senator Unger, the Senate adjourned until tomorrow, Wednesday, February 15, 2012, at 11 a.m.
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