WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
EIGHTY-FIRST LEGISLATURE
REGULAR SESSION, 2013
FORTY-FIFTH DAY
____________
Charleston, W. Va., Friday, March 29, 2013
The Senate met at 11 a.m.
(Senator Kessler, Mr. President, in the Chair.)
Prayer was offered by Pastor Seth Polk, Cross Lanes Baptist Church, Cross Lanes, West Virginia.
Pending the reading of the Journal of Thursday, March 28, 2013,
On motion of Senator Sypolt, 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.
On motion of Senator Unger, the Senate recessed for five minutes to permit Tyler Ohrn to address the Senate on behalf of the Frasure-Singleton Student Legislative Program.
Upon expiration of the recess, the Senate reconvened and proceeded to the third order of business.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the adoption of
Senate Concurrent Resolution No. 14, Requesting DOH name portion of State Route 20 in Upshur County "Thomas B. Dunn Memorial Highway”.
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. 2108--A Bill to amend and reenact §17C-15-49 of the Code of West Virginia, 1931, as amended ; and to amend and reenact §17C-14-15,of said code, all relating to the operation of motor vehicles; making the offense of failure to wear safety belts a primary offense; and prohibiting denial of insurance coverage for prohibited use of electronic communications devices while driving.
Referred to the Committee on Judiciary.
A message from The Clerk of the House of Delegates announced the passage by that body, to take effect from passage, and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 2519--A Bill to amend and reenact §11-24-43a of the Code of West Virginia, 1931, as amended; to amend and reenact §31-15A-16 of said code; and to amend and reenact §33-20F-4 of said code, all relating to reallocation and repatriation of certain funds to the General Revenue Fund; eliminating the required payments into the Special Railroad and Intermodal Enhancement Fund for fiscal year 2014; reducing the amount deposited annually to the credit of the West Virginia Infrastructure General Obligation Debt Service Fund, subject to certain limitations, conditions and constraints; eliminating provisions regarding a loan from the Tobacco Settlement Medical Trust Fund to the Physician’s Mutual Insurance Company; eliminating the requirement that certain taxes imposed upon medical malpractice insurance premiums to paid into the Revenue Shortfall Reserve Fund; and specifying effective dates.
Referred to the Committee on Finance.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 2913--A Bill to amend the Code of West Virginia, 1931, as amended by adding thereto a new section, designated §11-10-26, relating to correction of certain erroneous distributions, transfers, allocations, overpayments or underpayments; specifying immunity of agencies, subdivisions and instrumentalities of this state from any fine, penalty, assessment or imposition as a result of, or attributable to the erroneous distribution, transfer, allocation, overpayment or underpayment of moneys.
Referred to the Committee on Finance.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. House Bill No. 3158--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §29A-3B-13, relating to legislative oversight of education system performance and progress; creating duty of legislative oversight commission on education accountability to examine certain results; providing purposes; and requiring annual report.
Referred to the Committee on Education.
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. 92--Requesting the Division of Highways to name bridge number 23-119/5-1.80 on County Route 119/5 in Logan County, the "Army Corporal Randell Maynard 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. 96--Requesting the Division of Highways to name the bridge previously known as Shoals Bridge, bridge number 50-75-10.66, located on County Route 75 in Shoals, West Virginia, the “Army Sgt. Paul Whitman Carroll Memorial Bridge”.
Referred to the Committee on Transportation and Infrastructure.
The Senate proceeded to the fourth order of business.
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. 117, Creating criminal offense of possession of burglar's tools.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 117 (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 §61-3-11a, relating to creating a criminal offense of possession of burglar’s tools; and establishing penalties.
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. 365, Relating to certain criminal conviction expungement.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 365 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §61-11-26 of the Code of West Virginia, 1931, as amended, relating to the expungement of certain criminal convictions generally; permitting expungement of certain felony convictions; establishing the amount of time after conviction of a felony before expungement may be sought; creating exceptions; clarifying that retirement or employment benefits lost due to conviction are not reinstated due to expungement; declaring that expungement does not preclude a person who has received an expungement from being subject to sentencing enhancements for second and subsequent violations; declaring that information in State Police database sufficient to prove existence of prior convictions; establishing a fee to offset State Police costs associated with administering this section and the Criminal Identification Bureau; establishing a special revenue account in the State Treasury for funds received; and allowing funds to not expire.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Corey Palumbo,
Chair.
Senator Stollings, from the Committee on Health and Human Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under consideration
Senate Bill No. 481, Relating to juvenile mental health treatment.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 481 (originating in the Committee on Health and Human Resources)--A Bill to amend and reenact §27-4-1 of the Code of West Virginia, 1931, as amended, relating to juvenile mental health, intellectual disability and addiction; permitting acceptance of a notarized application in lieu of in-person application for certain voluntary hospitalization; allowing use of article five, chapter twenty-seven of said code for juveniles in certain situations; requiring parents or guardians to transport minors for voluntary hospitalization; creating exceptions to that requirement by affidavit to circuit court, mental hygiene commissioner or magistrate court; requiring transfer by county sheriff upon order of circuit court, mental hygiene commissioner or magistrate court; and requiring mental health facilities to make their application immediately accessible in certain situations.
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,
Ron Stollings,
Chair.
At the request of Senator Stollings, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 481) contained in the preceding report from the Committee on Health and Human Resources 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 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. 594, Establishing Court of Claims procedure for unjust arrest, conviction or imprisonment claims.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 594 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §14-2-13a and §14-2-16 of the Code of West Virginia, 1931, as amended, all relating to procedures for certain claims against the state; detailing the process for claims for unjust arrest and imprisonment or conviction and imprisonment; stating legislative intent; requiring certain notice of claims; establishing the burden of proof necessary; permitting the Court of Claims to determine the amount of relief granted; stating the burden of proving damages; and permitting the court to call expert witnesses in certain situations.
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. 615, Amending method for determining table game license renewal fee for pari-mutuel racetracks.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 615 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §29-22A-10 of the Code of West Virginia, 1931, as amended; and to amend and reenact §29-22C-8 of said code, all relating to providing for distribution of certain amounts of gross terminal income derived from racetrack video lottery terminals; and amending the table game license renewal fee for West Virginia pari-mutuel racetracks.
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. 615) 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 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. 20, Requesting DOH name portion of State Route 80 in McDowell County "Army PFC Phill G. McDonald Medal of Honor Recipient Memorial Highway".
And reports back a committee substitute for same as follows:
Com. Sub. for Senate Concurrent Resolution No. 20 (originating in the Committee on Transportation and Infrastructure)--Requesting the Division of Highways to name State Route 80, beginning at the intersection of Routes 52 and 80 in Iaeger and ending at the intersection of Routes 83 and 80 in Bradshaw, in McDowell County, the "Army PFC Phill G. McDonald Memorial Highway".
Whereas, PFC McDonald was born on September 13, 1941, to Oscar Fred and VanDora McDonald; and
Whereas, PFC McDonald was raised in Avondale and had thirteen brothers and sisters; and
Whereas, When PFC McDonald was about seventeen he moved to Greensboro, North Carolina, where his sister Alice resided and began working in a cedar plant; and
Whereas, After moving to North Carolina PFC McDonald became active in the Central Assembly Church of God, taught Sunday School, sang in the choir, played the guitar and planned to become a minister; and
Whereas, PFC McDonald joined the United States Army in Beckley, West Virginia, in 1967, took basic training at Fort Benning, Georgia, and served as a private first class in Company A, 1st Battalion, 14th Infantry Regiment, 4th Infantry Division; and
Whereas, PFC McDonald was posthumously awarded the Medal of Honor by President Nixon during a special ceremony at the White House, for his actions during a June 7, 1968, firefight near Kontum City in the Republic of Vietnam, during which he was killed; and
Whereas, PFC McDonald’s Medal of Honor Citation reads in full: “For conspicuous gallantry and intrepidity in action at the risk of his life above and beyond the call of duty. Pfc. McDonald distinguished himself while serving as a team leader with the First Platoon, Company A. While on a combat mission his platoon came under heavy barrage of automatic weapons fire from a concealed company-size enemy force. Volunteering to escort two wounded comrades to an evacuation point, McDonald crawled through intense fire to destroy with a grenade an enemy automatic weapon threatening the safety of the evacuation. Returning to his platoon, he again volunteered to provide covering fire for the maneuver of the platoon from its exposed position. Realizing the threat he posed, enemy gunners concentrated their fire on McDonald's position, seriously wounding him. Despite his painful wounds, McDonald recovered the weapon of a wounded machine gunner to provide accurate covering fire for the gunner's evacuation. When other soldiers were pinned down by a heavy volume of fire from a hostile machine gun to his front, McDonald crawled toward the enemy position to destroy it with grenades. He was mortally wounded in this intrepid action. McDonald's gallantry at the risk of his life which resulted in the saving of the lives of his comrades, is in keeping with the highest traditions of the military service and reflects great credit upon himself, his unit, and the U.S. Army”; and
Whereas, PFC McDonald is McDowell County’s only Medal of Honor recipient; and
Whereas, On February 23, 2012, during a special ceremony, PFC McDonald’s portrait and Medal of Honor citation were placed in the McDowell County Courthouse and in the hearts of all those who knew him; and
Whereas, During that February 23, 2012, ceremony, VFW Post 1144, Iaeger, and American Legion Post 175, Bradshaw, combined to offer a 21-gun salute at the courthouse to honor PFC McDonald; and
Whereas, It is fitting to honor Army PFC Phill G. McDonald for his commitment, dedication and service to his country and his state and having made the ultimate sacrifice; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name State Route 80, beginning at the intersection of Routes 52 and 80 in Iaeger and ending at the intersection of Routes 83 and 80 in Bradshaw, McDowell County, the "Army PFC Phill G. McDonald Memorial Highway”; and, be it
Further Resolved, That the Division of Highways is requested to have made and be placed signs identifying the highway as the "Army PFC Phill G. McDonald 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 the family of Army PFC Phill G. McDonald.
Senate Concurrent Resolution No. 22, Requesting DOH name bridge in Kanawha County "Joseph Albert 'Joey' King, Jr., Memorial Bridge".
And reports back a committee substitute for same as follows:
Com. Sub. for Senate Concurrent Resolution No. 22 (originating in the Committee on Transportation and Infrastructure)--Requesting the Division of Highways to name the bridge on highway U. S. 214 South, Oakhurst Drive and Deer Oaks Road in Kanawha County, Bridge No. 20-214-7.97, the “Joseph Albert ‘Joey’ King, Jr., Memorial Bridge”.
Whereas, Joseph Albert "Joey" King, Jr., died in the line of duty as a volunteer firefighter on December 4, 2011, when he fell to his death from a bridge while looking for a fire. Joey was very dedicated to the Davis Creek and Ruthdale volunteer fire departments and the safety of his community. The first left from this bridge going south is the road that Joey traveled for years to and from home and work; and
Whereas, Joseph Albert "Joey" King, Jr., was born on August 28, 1951, in Charleston, West Virginia, the son of Joseph and Betty Jo King. He grew up with his parents and his siblings: Arietta, Diana, Bethel and Linnie "Curley". Joey was blessed to have three children: Edna, Joey III and LeAnne. Joey's beloved only son passed away at age twelve in 1988. Joey later met his longtime companion, Sonja Kay, and helped raise her son, Anthony. Joey loved to travel to Florida on his motorcycle to visit his daughter and spend time with his granddaughters, Amanda and Skyler. He loved to ride and was a member of the Patriot Guard and The Red Knights motorcycle clubs. Joey spent many years working at Copley's Wrecker Service. He later worked for the City of Charleston Sanitary Board as a mechanic, before retiring for health reasons. Joey served as a volunteer and took pride in being a firefighter. He found a way to help people and the community by becoming a volunteer firefighter, a task that lasted for the last seven years of his life; and
Whereas, Joey originally started at the fire department to get Anthony interested in something worthwhile and positive. However, he soon realized that he had a knack for what a volunteer fire department does--helping people. He became not only a firefighter, but a great friend to many members of the department. He saw that he could use his mechanical skills to benefit the fire department by caring for the equipment. Most people will never realize how valuable an asset Joey was to the fire department. To his brother firefighters, he was a friend, brother and mentor, with many looking to him for personal advice to help them to get through life. One man stated at the memorial service that Joey was a "first responder" before there was such a thing, the man you wanted at an accident scene. On a lighter note, Joey loved to tease and play practical jokes on others. He enjoyed taking his nieces' sons and granddaughters to his garage, sitting them on his motorcycle or taking them to the firehouse and putting them in the fire truck. Joey was always there for someone in need. People have said he was the nicest guy they knew and could never be replaced. Never once did he hesitate to help anyone in need of help; and
Whereas, It is only fitting that we honor Joseph Albert "Joey" King, Jr., for his dedication to the Davis Creek and Ruthdale volunteer fire departments and the safety of his community, and for his contributions to his community; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name the bridge on highway U. S. 214 South, Oakhurst Drive and Deer Oaks Road in Kanawha County, Bridge No. 20-214-7.97, the “Joseph Albert ‘Joey’ King, Jr., 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 “Joseph Albert ‘Joey’ King, Jr., 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 children, surviving relatives and companion of Joseph Albert "Joey" King, Jr.
And,
Senate Concurrent Resolution No. 29, Requesting DOH name bridge number 20-64-54.37 "Cpl. Kenneth R. Hess Bridge".
And reports back a committee substitute for same as follows:
Com. Sub. for Senate Concurrent Resolution No. 29 (originating in the Committee on Transportation and Infrastructure)--Requesting the Division of Highways to name the bridge designated bridge number 20-64-54.37 the “Army Cpl. Kenneth R. Hess Bridge”.
Whereas, Cpl. Kenneth R. Hess was born on May 21, 1921, in Buena Vista, Virginia; and
Whereas, Cpl. Kenneth R. Hess was inducted into the United States Army on August 6, 1942, at the age of twenty-one; and
Whereas, Cpl. Kenneth R. Hess spent eleven months overseas, serving in England, France, Belgium, Holland and Germany during the Second World War; and
Whereas, Cpl. Kenneth R. Hess was a member of Company D of the 377th Infantry Regiment of the 95th Infantry Division organized in Texas; and
Whereas, The members of the 95th Infantry Division are known as the “Iron Men of Metz”, and renowned for fighting back fierce German counterattacks and for the eventual liberation of the town of Metz, in the northeast of France; and
Whereas, The people of Metz, and of France, have never forgotten the contributions of the Iron Men of Metz; and
Whereas, In honor of his service, which included maintaining and repairing weapons of an infantry heavy weapons company, Cpl. Kenneth R. Hess was honored by the French government with the Orde National de la Legion d’Honneur, presented to him in a ceremony at the French Embassy in Washington, D. C.; and
Whereas, Cpl. Kenneth R. Hess was also honored by the United States Army with a Good Conduct Medal, three Bronze Service Stars, France and Germany Theater Ribbons and an American Theater Ribbon; and
Whereas, Cpl. Kenneth R. Hess was honorably discharged from the United States Army on November 11, 1945; and
Whereas, Cpl. Kenneth R. Hess returned to the United States, where he worked for thirty-eight years as a millwright at Union Carbide until his retirement; and
Whereas, It is fitting and proper that the outstanding service to his country by Cpl. Kenneth R. Hess be honored by naming the bridge designated bridge number 20-64-54.37 the “Cpl. Kenneth R. Hess Bridge”; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name the bridge designated bridge number 20-64-54.37 the “Army Cpl. Kenneth R. Hess 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 “Army Cpl. Kenneth R. Hess Bridge”; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to Cpl. Kenneth R. Hess.
With the recommendation that the three 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. 20, 22 and 29) contained in the preceding report from the Committee on Transportation and Infrastructure were taken up for immediate consideration and considered simultaneously.
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. 23, Requesting DOH name bridge in Wyoming County “Reverend Edward and Mary Mullins Memorial Bridge”.
Senate Concurrent Resolution No. 24, Requesting DOH name portion of U. S. Route 60 in Kanawha County “Lou Tabit Highway”.
Senate Concurrent Resolution No. 30, Requesting DOH name bridge in Wyoming County “Army SP4 Jackie (Hearn) McMillion Memorial Bridge”.
Senate Concurrent Resolution No. 32, Requesting DOH name bridge in Monongalia County “U. S. Army and Air National Guard Col. Garry L. Bowers-Ices Ferry Bridge” .
Senate Concurrent Resolution No. 34, Requesting DOH name bridge in Wayne County “Mavis Granny Castle Bridge”.
And,
House Concurrent Resolution No. 33, The “201st Artillery Drive”.
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. No. 23, S. C. R. No. 24, S. C. R. No. 30, S. C. R. No. 32, S. C. R. No. 34 and H. C. R. No. 33) contained in the preceding report from the Committee on Transportation and Infrastructure were taken up for immediate consideration and considered simultaneously.
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.
The Senate proceeded to the seventh order of business.
The President then stated the hour had arrived for the special order of business, as to
House Concurrent Resolution No. 12, Designating the annual observance of March 31 as "West Virginia State Trooper Day".
On unfinished business, having been received as a House message on Monday, March 25, 2013, and now coming up as a special order, was reported by the Clerk.
At the request of Senator Unger, unanimous consent being granted, reference of the resolution to a committee was dispensed with and it was taken up for immediate consideration.
The question now 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.
On motion of Senator Unger, the Senate recessed for one minute.
Upon expiration of the recess, the Senate reconvened.
The special order of business having been concluded, the Senate then proceeded to the eighth order of business.
Eng. Senate Bill No. 52, Relating to Rural Health Initiative 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, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 52) 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. 146, Collecting unpaid magistrate court charges through income tax refund withholding.
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, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
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. 146) 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. 157, Exempting certain nonresidents from Class D license requirement.
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, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 157) 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. 331, Permitting Courthouse Facilities Improvement Authority to issue bonds.
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, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 331) 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. 394, Relating to scholarships for dependent children of state troopers who die in performance of duty.
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, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 394) passed.
The following amendment to the title of the bill, from the Committee on the Judiciary, was reported by the Clerk and adopted:
Eng. Senate Bill No. 394--A Bill to amend and reenact §15-2-33 of the Code of West Virginia, 1931, as amended; and to amend and reenact §15-2A-12 of said code, all relating to providing scholarships for dependent children of state troopers who die in performance of duty; and stating amount available per year.
Senator Unger moved that the bill take effect July 1, 2013.
On this question, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
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. 394) takes effect July 1, 2013.
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. 428, Relating to billing for HIV or STD testing and treatment.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
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. 428) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Com. Sub. for Senate Bill No. 448, Increasing number of demonstration dealer plates issued to large commercial vehicle dealers.
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, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
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. 448) 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. 463, Increasing special license fee paid by pipeline companies to PSC.
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, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 463) 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. 482, Relating to sale of voter registration lists.
On third reading, coming up in regular order, was reported by the Clerk.
At the request of Senator Palumbo, unanimous consent being granted, further consideration of the bill was deferred until the conclusion of bills on today's third reading calendar.
Eng. Com. Sub. for Com. Sub. for Senate Bill No. 488, Relating to damage to health or safety systems of certain facilities.
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, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
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. 488) 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. 542, Relating to restricted races at pari-mutuel thoroughbred horse race tracks.
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, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
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. 542) 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. 563, Excluding platinum, gold, silver and palladium from definition of "scrap metal".
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, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
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. 563) 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. 596, Determining grant awards for Chesapeake Bay and Greenbrier River watershed compliance projects.
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, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--33.
The nays were: Facemire--1.
Absent: None.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 596) passed with its title.
Senator Unger moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--33.
The nays were: Facemire--1.
Absent: None.
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. 596) 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. 663, Creating WV Feed to Achieve Act.
On third reading, coming up in regular order, was read a third time and put upon its passage.
Pending discussion,
The question being “Shall Engrossed Senate Bill No. 663 pass?”
On the passage of the bill, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 663) passed with its title.
Senator Unger moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
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. 663) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Thereafter, at the request of Senator Prezioso, and by unanimous consent, the remarks by Senator Unger regarding the passage of Engrossed Senate Bill No. 663 were ordered printed in the Appendix to the Journal.
The end of today's third reading calendar having been reached, the Senate returned to the consideration of
Eng. Com. Sub. for Senate Bill No. 482, Relating to sale of voter registration lists.
On third reading, coming up in deferred order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
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. 482) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
The Senate proceeded to the ninth order of business.
Com. Sub. for Senate Bill No. 21, Creating Health Care Provider Transparency Act.
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. 185, Relating to alternative-fuel motor vehicles and qualified refueling infrastructure tax credits.
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. 191, Relating to increasing maximum aggregate funding to Revenue Shortfall Reserve Fund.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 250, Authorizing Department of Commerce promulgate legislative rules.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 270, Authorizing Department of Revenue promulgate legislative rules.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 281, Authorizing Department of Transportation promulgate legislative rules.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 354, Requiring study on alternative revenue sources for funding state roads.
On second reading, coming up in regular order, was read a second time.
The following amendment to the bill, from the Committee on Finance, was reported by the Clerk and adopted:
On page six, section eight-d, line seventy-nine, by striking out the word “Department” and inserting in lieu thereof the word “Division”.
The bill (S. B. No. 354), as amended, was then ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 369, Relating to concealed handgun license reciprocity.
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. 438, Authorizing reorganization of certain community and technical colleges.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 460, Exempting certain residents' active duty military pay from state income tax.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 462, Extending time for informal conferences on surface mining permit applications.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 467, Revising stocking permit requirements for release of aquatic species into state waters.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 470, Permitting wine sale on Sunday mornings at fairs and festivals.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 506, Relating to residency requirement of state-chartered banking institution directors.
On second reading, coming up in regular order, was reported by the Clerk.
At the request of Senator Unger, unanimous consent being granted, the bill was laid over one day, retaining its place on the calendar.
Com. Sub. for Senate Bill No. 527, Relating to process of filling vacancies in certain elected offices.
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. 533, Modifying definitions of "domestic battery" and "domestic assault".
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. 543, Allowing Legislative Auditor establish application review fee schedule.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 552, Creating Uniform Real Property Electronic Recording Act.
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. 553, Relating to Highway Design-Build 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. 557, Continuing Preventive Care 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. 564, Increasing minimum construction cost of municipal public works project before competitive bidding is required.
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. 569, Requiring appointment of State Fire Marshal be with advice and consent of Senate.
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. 579, Updating code relating to absentee and early in-person voting.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 582, Implementing terms of Uniform Arbitration Act.
On second reading, coming up in regular order, was reported by the Clerk.
At the request of Senator Walters, unanimous consent being granted, the bill was laid over one day, retaining its place on the calendar.
Senate Bill No. 592, Removing requirement Physicians' Mutual Insurance Company be nonprofit corporation.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 601, Removing requirement certain juvenile proceedings be sealed.
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. 604, Expanding definition of "electioneering communication".
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 652, Requiring criminal background checks for home inspector applicants.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Eng. House Bill No. 2487, Prohibiting the use of laetrile.
On second reading, coming up in regular order, was read a second time and ordered to third reading.
Eng. House Bill No. 3013, Authorizing the establishment of job creation work groups.
On second reading, coming up in regular order, was read a second time and ordered to third reading.
The Senate proceeded to the tenth order of business.
The following bills on first reading, coming up in regular order, were each read a first time and ordered to second reading:
Com. Sub. for Senate Bill No. 22, Requiring maternity services coverage for all health insurance plan dependents.
Senate Bill No. 65, Exempting PERS retirement income of DNR police officers from state income tax.
Com. Sub. for Senate Bill No. 98, Creating Shale Research, Education, Policy and Economic Development Center at WVU.
Com. Sub. for Senate Bill No. 103, Creating WV Commuter Rail Access Act.
Senate Bill No. 118, Creating I Support Veterans license plate.
Com. Sub. for Senate Bill No. 195, Removing tax rate expiration date on eligible acute care hospitals.
Com. Sub. for Com. Sub. for Senate Bill No. 202, Creating WV Spay Neuter Assistance Program and Fund.
Com. Sub. for Com. Sub. for Senate Bill No. 324, Allowing boards licensing persons engaging in manufacture, distribution or dispensing controlled substances set fees by legislative rule.
Com. Sub. for Senate Bill No. 326, Establishing appropriation request process for higher education system.
Com. Sub. for Senate Bill No. 344, Relating to regional meetings among certain county boards of education officials.
Com. Sub. for Senate Bill No. 421, Exempting certain school mascot from prohibition of firearms possession on school grounds.
Com. Sub. for Senate Bill No. 433, Creating informal dispute resolution process for DHHR providers or licensees.
Com. Sub. for Com. Sub. for Senate Bill No. 466, Creating Dangerous Wild Animals Act.
Com. Sub. for Com. Sub. for Senate Bill No. 498, Relating to hearing location for Alcohol Beverage Control Administration's appeal hearings.
Senate Bill No. 515, Relating to use of television receivers and other devices in vehicles.
Senate Bill No. 561, Establishing Tucker County Cultural District Authority.
Com. Sub. for Senate Bill No. 586, Transferring authority to license cosmetology, barber and massage schools to Council for Community and Technical College Education.
Com. Sub. for Senate Bill No. 610, Renaming Industrial Home for Youth as Salem Correctional Center; placing Salem and Parkersburg correctional centers under Division of Corrections.
Senate Bill No. 623, Relating to funding for probation officers to address truancy.
Com. Sub. for Senate Bill No. 624, Adjusting penalties for willful failure to pay child support.
Com. Sub. for Senate Bill No. 630, Relating to Chief Technology Officer's duties with regard to security of government information.
Com. Sub. for Senate Bill No. 638, Terminating certain severance tax exemption for production of natural gas or oil.
Eng. House Bill No. 2800, Relating to the Teachers' Retirement System.
And,
Eng. Com. Sub. for House Bill No. 2802, Relating to the Emergency Medical Services Retirement System.
The Senate proceeded to the twelfth order of business.
Remarks were made by Senator Wells.
On motion of Senator Unger, the Senate adjourned until Monday, April 1, 2013, at 11 a.m.
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