sdj-21st day
WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
EIGHTIETH LEGISLATURE
REGULAR SESSION, 2011
TWENTY-FIRST DAY
____________
Charleston, W. Va., Tuesday, February 1, 2011
The Senate met at 11 a.m.
(Senator Kessler, Acting President, in the Chair.)
Prayer was offered by Captain Thomas Richmond, Area Commander,
Charleston Area Command of the Salvation Army, Charleston, West
Virginia.
Pending the reading of the Journal of Monday, January 31,
2011,
On motion of Senator Yost, the Journal was approved and the
further reading thereof dispensed with.
The Senate proceeded to the second order of business and the
introduction of guests.
The Senate then proceeded to the third order of business.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. House Bill No. 2551--A Bill to repeal §36-1-4, §36-1-6,
§36-1-17 and §36-1-18 of the Code of West Virginia of 1931, as amended; to repeal §44-5-12, §44-5-13, §44-5-14 and §44-5-15 of
said code; to repeal to §44-6-2a of said code; to repeal §44-14-1,
§44-14-2, §44-14-3 §44-14-4 and §44-14-5 of said code; to amend and
reenact §38-1-13 of said code; to amend said code by adding thereto
a new section, designated §44-4-22; to amend and reenact §44-5-1,
§44-5-7 and §44-5-11 of said code; to amend and reenact §44-5A-2,
§44-5A-3 and §44-5A-4 of said code; to amend said code by adding
thereto three new sections, designated §44-5A-5, §44-5A-6 and
§44-5A-7; to amend and reenact §44-6-1 and §44-6-2 of said code; to
amend said code by adding thereto a new section, designated
§44-6-11; to amend and reenact §44-6C-1, §44-6C-2, and §44-6C-9 of
said code; to amend and reenact §44-7-1 of said code; to amend said
code by adding thereto a new section, designated §44-7-4; and to
amend said code by adding thereto a new chapter, designated
§44D-1-101, §44D-1-102, §44D-1-103, §44D-1-104, §44D-1-105,
§44D-1-106, §44D-1-107, §44D-1-108, §44D-1-109, §44D-1-110,
§44D-1-111, §44D-1-112, §44D-1-113, §44D-2-201, §44D-2-202,
§44D-2-203, §44D-2-204, §44D-3-301, §44D-3-302, §44D-3-303,
§44D-3-304, §44D-3-305, §44D-4-401, §44D-4-402, §44D-4-403,
§44D-4-404, §44D-4-405, §44D-4-406, §44D-4-407, §44D-4-408,
§44D-4-409, §44D-4-410, §44D-4-411, §44D-4-412, §44D-4-413,
§44D-4-414, §44D-4-415, §44D-4-416, §44D-4-417, §44D-5-501,
§44D-5-502, §44D-5-503, §44D-5-504, §44D-5-505, §44D-5-506,
§44D-5-507, §44D-6-601, §44D-6-602, §44D-6-603, §44D-6-604, §44D-7-701, §44D-7-702, §44D-7-703, §44D-7-704, §44D-7-705,
§44D-7-706, §44D-7-707, §44D-7-708, §44D-7-709, §44D-8-801,
§44D-8-802, §44D-8-803, §44D-8-804, §44D-8-805, §44D-8-806,
§44D-8-807, §44D-8-808, §44D-8-809, §44D-8-810, §44D-8-811,
§44D-8-812, §44D-8-813, §44D-8-814, §44D-8-815, §44D-8-816,
§44D-8-817, §44D-9-901, §44D-10-1001, §44D-10-1002, §44D-10-1003,
§44D-10-1004, §44D-10-1005, §44D-10-1006, §44D-10-1007,
§44D-10-1008, §44D-10-1009, §44D-10-1010, §44D-10-1011,
§44D-10-1012, §44D-10-1013, §44D-11-1101, §44D-11-1102,
§44D-11-1103, §44D-11-1104 and §44D-11-1105, all relating generally
to estates and trusts and their administration; providing that
certain provisions of current law to have no effect after specified
date; providing certain provisions of current law are not to apply
to trusts and trustees after specified date; changing names of
certain articles of existing code; providing for the creation,
administration, revision and termination of trusts; providing for
trustees, powers and duties of trustees and substitution of
trustees; providing for distribution of trust assets; specifying
powers and certain restrictions on powers of fiduciaries; amending
the Uniform Prudent Investor Act; modernizing language of certain
existing sections of code and deleting obsolete language; adopting
West Virginia Uniform Trust Code; providing general provisions and
definitions; providing for judicial proceedings; providing for
representation of trusts; providing for creation, validity, modification and termination of trusts; providing for creditor's
claims; providing for spendthrift trusts, discretionary trusts and
revocable trusts; providing for the office of trustee; providing
duties and powers of trustees; providing for liability of trustees
and rights of persons dealing with trustee; providing various
miscellaneous provisions for trusts and trustees; specifying
delayed effective date for West Virginia Uniform Trust Code; and
providing rules for application of that date.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
The Senate proceeded to the fourth order of business.
Senator Wells, from the Committee on Military, submitted the
following report, which was received:
Your Committee on Military has had under consideration
Senate Bill No. 4, Exempting military, National Guard and
reserve income from state income tax.
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,
Erik P. Wells,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on Finance.
Senator Wells, from the Committee on Military, submitted the
following report, which was received:
Your Committee on Military has had under consideration
Senate Bill No. 100, Establishing program to promote veteran
friendly communities.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended; but under the original double committee reference
first be referred to the Committee on Finance.
Respectfully submitted,
Erik P. Wells,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on Finance, with amendments from the
Committee on Military pending.
Senator Williams, from the Committee on Agriculture, submitted
the following report, which was received:
Your Committee on Agriculture has had under consideration
Senate Bill No. 102, Authorizing Commissioner of Agriculture
promulgate legislative rule relating to apiaries.
Senate Bill No. 103, Authorizing Commissioner of Agriculture
promulgate legislative rule relating to inspection of meat and
poultry.
And,
Senate Bill No. 104, Authorizing Commissioner of Agriculture
promulgate legislative rule relating to general groundwater
protection rules for fertilizers and manures.
And reports the same back with the recommendation that they
each do pass; but under the original double committee references
first be referred to the Committee on the Judiciary.
Respectfully submitted,
Bob Williams,
Chair.
The bills, under the original double committee references,
were then referred to the Committee on the Judiciary.
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. 109, Authorizing Consolidated Public
Retirement Board promulgate legislative rule relating to general
provisions.
And,
Senate Bill No. 110, Authorizing Consolidated Public
Retirement Board promulgate legislative rule relating to Teachers'
Defined Contribution Retirement System.
And reports the same back with the recommendation that they
each do pass; but under the original double committee references
first be referred to the Committee on the Judiciary.
Respectfully submitted,
Dan Foster,
Chair.
The bills, under the original double committee references,
were then referred to the Committee on the Judiciary.
Senator Laird, from the Committee on Natural Resources,
submitted the following report, which was received:
Your Committee on Natural Resources has had under
consideration
Senate Bill No. 120, Authorizing DEP promulgate legislative
rule relating to monitoring well design standards.
Senate Bill No. 121, Authorizing DEP promulgate legislative
rule relating to requirements governing groundwater standards.
Senate Bill No. 154, Authorizing DNR promulgate legislative
rule relating to special motorboating regulations.
Senate Bill No. 155, Authorizing DNR promulgate legislative
rule relating to prohibitions when hunting and trapping.
And,
Senate Bill No. 156, Authorizing DNR promulgate legislative
rule relating to general hunting.
And reports the same back with the recommendation that they
each do pass; but under the original double committee references
first be referred to the Committee on the Judiciary.
Respectfully submitted,
William R. Laird IV,
Chair.
The bills, under the original double committee references,
were 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. 173, Authorizing Secretary of State promulgate
legislative rule relating to Combined Voter Registration and Driver
Licensing Fund.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended; but under the original double committee reference
first be referred to the Committee on the Judiciary.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on the Judiciary, with amendments
from the Committee on Finance pending.
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. 222, Relating to Municipal Police Officers and Firefighters Retirement System.
And reports the same back with the recommendation that it do
pass; but under the original double committee reference first be
referred to the Committee on Government Organization.
Respectfully submitted,
Dan Foster,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on Government Organization.
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. 254, Making supplementary appropriation of
federal funds to Development Office and Division of Human Services.
Senate Bill No. 255, Making supplementary appropriation of
unappropriated moneys to various accounts.
And,
Senate Bill No. 342, Making supplementary appropriation to
Governor's Office--Civil Contingent Fund.
And reports the same back with the recommendation that they
each do pass.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
At the request of Senator Prezioso, unanimous consent being
granted, one of the bills (S. B. No. 342) contained in the
preceding report from the Committee on Finance was taken up for
immediate consideration, read a first time and ordered to second
reading.
On motion of Senator Unger, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Barnes,
Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer,
Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe,
Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and
Kessler (Acting President)--32.
The nays were: None.
Absent: Fanning and Tomblin (Mr. President)--2.
The bill was read a second time and ordered to engrossment and
third reading.
Engrossed Senate Bill No. 342 was then read a third time and
put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Foster,
Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller,
Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler
(Acting President)--32.
The nays were: None.
Absent: Fanning and Tomblin (Mr. President)--2.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the Acting President declared the bill
(Eng. S. B. No. 342) 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, Foster, Green,
Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard,
Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt,
Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting
President)--32.
The nays were: None.
Absent: Fanning and Tomblin (Mr. President)--2.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the Acting President declared the bill
(Eng. S. B. No. 342) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
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. 256, Requiring sex offenders verify e-mail and
online identities.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 256 (originating in the
Committee on the Judiciary)--A Bill to amend and reenact §15-12-10
of the Code of West Virginia, 1931, as amended, relating to
requiring sex offenders to verify their e-mail and other online
identities in the same way as they register their physical
addresses.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Corey Palumbo,
Chair.
Senator Prezioso, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Com. Sub. for Senate Bill No. 261, Providing for special
primary and general election to fill vacancy in office of Governor.
Now on second reading, having been read a first time and
referred to the Committee on Finance on January 28, 2011;
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
At the request of Senator Prezioso, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 261) contained in the
preceding report from the Committee on Finance was taken up for
immediate consideration, read a second time and ordered to
engrossment and third reading.
On motion of Senator Unger, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Barnes,
Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer,
Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe,
Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and
Kessler (Acting President)--32.
The nays were: None.
Absent: Fanning and Tomblin (Mr. President)--2.
Engrossed Committee Substitute for Senate Bill No. 261 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, Foster,
Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller,
Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler
(Acting President)--32.
The nays were: None.
Absent: Fanning and Tomblin (Mr. President)--2.
So, a majority of all the members present and voting having
voted in the affirmative, the Acting President declared the bill
(Eng. Com. Sub. for S. B. No. 261) 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, Foster, Green,
Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard,
Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt,
Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting
President)--32.
The nays were: None.
Absent: Fanning and Tomblin (Mr. President)--2.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the Acting President declared the bill
(Eng. Com. Sub. for S. B. No. 261) takes effect from passage.
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 Bill No. 293, Authorizing State Election Commission
promulgate legislative rule relating to WV Supreme Court of Appeals
Public Campaign Financing Pilot Program.
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,
Roman W. Prezioso, Jr.,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on the Judiciary.
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 Senators Kessler (Acting President), Plymale, Minard and
Klempa:
Senate Bill No. 363--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §16-29-3, relating to retention and destruction of
health care records by physicians, osteopaths and dentists; setting
forth the time periods records must be kept for different classes
of patients; setting forth how records may be destroyed; and
defining terms.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senators Fanning, Jenkins, Chafin and Minard:
Senate Bill No. 364--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §61-6-15, relating to crimes against the peace; unlawful
protest activities that disturb or disrupt a funeral or burial
service; and criminal penalties.
Referred to the Committee on the Judiciary.
By Senators Snyder, Klempa, Yost and McCabe:
Senate Bill No. 365--A Bill to amend and reenact §19-23-13b of
the Code of West Virginia, 1931, as amended, relating to providing
additional funds to the West Virginia Racing Commission for its
Administration and Promotion Account for the Thoroughbred
Development Fund.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Green, Beach, Klempa, Palumbo, Chafin and Plymale:
Senate Bill No. 366--A Bill to amend and reenact §22-17-20 of
the Code of West Virginia, 1931, as amended, relating to the
Underground Storage Tank Administrative Fund; and raising from
$500,000 to $1 million the balance allowed to be in this fund at
the beginning of each year.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senators Laird, Miller, Wills, Minard and Plymale:
Senate Bill No. 367--A Bill to amend and reenact §3-3-2a of
the Code of West Virginia, 1931, as amended, relating to requiring
voting for at least five consecutive days during the period of
early voting at locations designated in addition to the county
courthouse or courthouse annex for early voting.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Palumbo, Laird, Prezioso, Jenkins, Foster, Unger,
Chafin, Plymale, McCabe, Wills, Snyder, Minard and Klempa:
Senate Bill No. 368--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §15-9-5, relating to requiring the Governor's Committee
on Crime, Delinquency and Correction to establish procedures for
the investigation of child abuse and neglect investigations through
the legislative rule-making process; and requiring establishment of
an advisory committee to assist in the development of the rules.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senators Kessler (Acting President), Foster and Laird:
Senate Bill No. 369--A Bill to amend and reenact §30-3-10a of
the Code of West Virginia, 1931, as amended; and to amend and
reenact §30-14-12b of said code, all relating to granting practicing medical physicians and osteopathic physicians special
volunteer medical licenses so they may donate their expertise for
the medical care and treatment of indigent and needy patients in a
clinic setting organized, in whole or in part, for the delivery of
health care services without charge; and establishing
qualification, documentation, fee and immunity requirements.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senators Green, Beach, Klempa, Palumbo and Plymale:
Senate Bill No. 370--A Bill to amend and reenact §22-3-7, §22-
3-8 and §22-3-19 of the Code of West Virginia, 1931, as amended,
all relating to environmental resources; Surface Coal Mining and
Reclamation Act; and fees assessed to coal mining operators by the
Division of Mining and Reclamation.
Referred to the Committee on Energy, Industry and Mining; and
then to the Committee on Finance.
By Senators Prezioso and D. Facemire:
Senate Bill No. 371--A Bill to amend and reenact §11-24-3b of
the Code of West Virginia, 1931, as amended, relating to updating
the list of jurisdictions identified as tax havens.
Referred to the Committee on Finance.
By Senators Kessler (Acting President) and Hall (By Request of
the Executive):
Senate Bill No. 372--A Bill to amend and reenact §11-13A-20a of the Code of West Virginia, 1931, as amended; and to amend and
reenact §31-15A-16 of said code, all relating to dedication of
coalbed methane severance tax proceeds; redirecting coalbed methane
severance tax revenues from the Infrastructure Fund to county
economic development authorities; requiring moneys deposited in the
Infrastructure Fund prior to July 1, 2011, be distributed to county
economic development authorities; removing requirement that the Tax
Commissioner provide Infrastructure and Jobs Development Council a
breakdown of coalbed methane severance taxes paid and amount of
coalbed methane produced by each county; providing calculation
methods; specifying a minimum share of coalbed methane severance
tax revenue be distributed to producing counties in an amount at
least equal to the share received by nonproducing counties;
providing for portional adjustments and redesignation for counties
deemed nonproducing; providing that no distribution of moneys to
exceed total amount of coalbed methane severance tax received in
any fiscal year; setting forth the purposes for receiving and
conditions of expending such funds by county economic development
authorities; requiring approval of respective county commissions
and the Development Office prior to expending any funds;
prohibiting certain expenditures by counties or county economic
development authorities; and authorizing and requiring the
Development Office to promulgate legislative rules regarding use of
funds, including emergency rules.
Referred to the Committee on Energy, Industry and Mining; and
then to the Committee on Finance.
By Senators Kessler (Acting President) and Hall (By Request of
the Executive):
Senate Bill No. 373--A Bill to amend and reenact §18-9D-15 of
the Code of West Virginia, 1931, as amended; and to amend said code
by adding thereto a new section, designated §18-9D-19a, all
relating to comprehensive middle schools; allowing, upon
application by a county board of education, the School Building
Authority to allocate and expend certain moneys for school major
improvement projects for vocational programs at comprehensive
middle schools; providing legislative findings; defining
"comprehensive middle school"; requiring the authority, when
planning the construction of a middle or junior high school, to
provide funding for comprehensive career technical education
facilities to be located, when feasible, on the same site as the
middle or junior high school under certain conditions; requiring
the authority, upon application of a county board to construct
comprehensive career technical education facilities at an existing
middle or junior high school, to provide technical assistance to
the county in developing a plan for construction of the
comprehensive career technical education facility; and requiring,
upon development of the plan, the authority to consider funding
based on certain criteria.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senators Plymale and Foster:
Senate Bill No. 374--A Bill to amend and reenact §18A-2-4 of
the Code of West Virginia, 1931, as amended; and to amend and
reenact §18A-4-8, §18A-4-8a and §18A-4-8b of said code, all
relating to public education service personnel; requiring county
boards to bear the cost of certification renewal for personnel with
the class title of Sign Language Interpreter I or II under certain
conditions; declaring that time devoted to the process of
maintaining or acquiring certification that is a condition of
employment constitutes continuing education; deleting certain
defined class titles and including service personnel employed under
certain deleted class titles under other existing class titles or
new class titles; removing Sign Language Specialist from the
Braille or Sign Language Specialist class title; prohibiting
employment for the first time of a service person as a Food
Services Supervisor after a certain date; changing the class title
Graphic Artist to Graphic Designer and expanding definition;
changing the class title Mail Clerk to Mail Carrier; adding the
class titles Sign Language Interpreter I and II; and amending class
titles that are to be considered as a single classification of
employment.
Referred to the Committee on Education; and then to the Committee on Finance.
By Senators Wells, Plymale, Chafin and Stollings:
Senate Bill No. 375--A Bill to amend and reenact §18B-4-7 of
the Code of West Virginia, 1931, as amended, relating to authority
of institutions of higher education to confer degrees;
applicability of provisions; minimum standards; requiring
collection and dissemination of certain information; authorizing
certain reviews and audits; and providing for revocation of degree-
granting authority under certain conditions.
Referred to the Committee on Education.
By Senator Beach:
Senate Bill No. 376--A Bill to amend and reenact §36B-3-102 of
the Code of West Virginia, 1931, as amended, relating to permitting
unit owners' associations to institute legal action against a unit
owner to collect dues or assessments that are overdue or in arrears
to the association.
Referred to the Committee on the Judiciary.
By Senator Beach:
Senate Bill No. 377--A Bill to amend and reenact §61-2-14d of
the Code of West Virginia, 1931, as amended, relating to failing to
provide or return a minor child for visitation; and providing
penalties.
Referred to the Committee on the Judiciary.
By Senators Snyder, Klempa, Yost and McCabe:
Senate Bill No. 378--A Bill to amend and reenact §19-23-14 of
the Code of West Virginia, 1931, as amended, relating to allowing
the West Virginia Racing Commission to use certain permit and
registration fees to pay salaries and other budgeted expenses; and
clarifying that judges and the Racing Commission may also impose
fines.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senators Kessler (Acting President), Plymale, Minard, Nohe,
Klempa and Yost:
Senate Bill No. 379--A Bill to amend and reenact §15-12-9 of
the Code of West Virginia, 1931, as amended, relating to the
registration of out-of-state sex offenders.
Referred to the Committee on the Judiciary.
By Senators Plymale, Kessler (Acting President), Unger,
Browning and Jenkins:
Senate Joint Resolution No. 9--Proposing an amendment to the
Constitution of the State of West Virginia, amending article X
thereof by adding thereto a new section, designated section twelve,
relating to simple majority rule on all county, city, school
district and municipal excess levies and bonds; allowing counties,
cities, school districts and municipal corporations to approve, by
a vote of the people, excess levies and issue bonds by a majority
of the votes cast for and against the same; 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 Foster, Klempa and Yost offered the following
resolution:
Senate Concurrent Resolution No. 15--Requesting the Joint
Committee on Government and Finance to study the need to improve
the awareness and usage of residential fire sprinklers in West
Virginia to provide better fire protection to the residents of our
state.
Whereas, More than 3,000 fire deaths occur every year in the
United States; and
Whereas, The fire problem in the U.S. is overwhelmingly a home
fire problem - 80% of all fire deaths in 2006 occurred in the home;
and
Whereas, Any improvements in overall fire safety must be
improvements in home fire safety, and no strategy has as much
documented life safety effectiveness as installed fire sprinklers;
and
Whereas, Fire sprinklers respond to a fire while it is still
small to control the spread of deadly heat, flames and toxic smoke,
and give families time to escape; and
Whereas, Fire sprinklers work so effectively they often put out a fire before the fire department arrives; and
Whereas, In Scottsdale, AZ, a 15-year study of home fire
sprinklers showed that the average loss per sprinklered fire
incident was $2,166 compared to more than $45,000 for unsprinklered
homes; and
Whereas, Fire sprinklers offer a level of residential fire
protection that no other fire safety technology can offer;
therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study the need to improve the awareness and usage of
residential fire sprinklers in West Virginia to provide better fire
protection to the residents of our state; and, be it
Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 2012, on
its findings, conclusions and recommendations, 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.
Which, under the rules, lies over one day.
Senators Browning, Stollings, Green, Klempa and Yost offered the following resolution:
Senate Concurrent Resolution No. 16--Requesting the Division
of Highways name WV 54, from its intersection with CR 54/4 to its
intersection with WV 16, the "C.C. 'Sonnie' Phillips Bypass".
Whereas, C.C. "Sonnie" Phillips was born April 6, 1925, and
has lived in Mullens, West Virginia, his entire life; and
Whereas, C.C. "Sonnie" Phillips graduated from Mullens High
School in 1946, Concord College in 1950, West Virginia University
in 1951 and received his Drivers Education Certification from Old
Dominion College in 1952; and
Whereas, C.C. "Sonnie" Phillips was a teacher at Mullens High
School from 1951 to 1972 and went on to become the Principal from
1972 to 1988; and
Whereas, C.C. "Sonnie" Phillips public service includes being
Mayor of the City of Mullens from 1972 to 1976; being on the Board
of Directors for the American Red Cross, Integrated Resources, the
Wyoming County Health Department, the Wyoming County Convention &
Visitor's Bureau and the King Coal Highway; and
Whereas, C.C. "Sonnie" Phillips is an Elder at First
Presbyterian Church of Mullens, is on the Board of Advisors at
Southern West Virginia Community & Technical College, is an
official with Little League Baseball and Midget League Football of
Mullens and is an official with the WVIAC; and
Whereas, C.C. "Sonnie" Phillips is married to his beloved wife, Betty Jo, with whom he shares the joy of having two
daughters, Sunny Suzanne and Terri Lea; and
Whereas, It is fitting and proper, to honor C.C. "Sonnie"
Phillips for his years of dedicated public service, by naming WV
54, from its intersection with CR 54/4 to its intersection with WV
16, the "C.C. 'Sonnie' Phillips Bypass"; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways name WV 54, from its
intersection with CR 54/4 to its intersection with WV 16, the "C.C.
'Sonnie' Phillips Bypass"; and, be it
Further Resolved, That the Division of Highways is hereby
requested to have made and be placed signs identifying the bypass
as the "C.C. 'Sonnie' Phillips Bypass"; 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 C.C. "Sonnie" Phillips.
Which, under the rules, lies over one day.
Senators Wells, Foster, Chafin, Kessler (Acting President),
Stollings, Plymale, McCabe, Palumbo, Minard, Klempa and Yost
offered the following resolution:
Senate Resolution No. 18--Honoring the Charleston Catholic
High School Volleyball Team for its accomplishments and record-
setting performances over the 2009 and 2010 seasons.
Whereas, The 2009-2010 Charleston Catholic High School Lady Irish Volleyball teams consisted of team members Katie Stricker,
Alison Gregory, Sarah Skeens, Mackenzie Polen, Anne Marie
Stonestreet, Christine Snyder, Erica Marcus, Simone Assaley,
Caroline Seufer, Hannah Gallian, Jennifer Head, Melissa Head,
Christina Criniti, Christina Centofani, Ellie Grubb, Mackenzie
Helmick, Haley Kesner, Gina Marks, Sierra Portillo, Ellie Baldwin
and Samantha Moore; and
Whereas, The Charleston Catholic High School Lady Irish
Volleyball team has won two consecutive Class A State Championships
for the 2009 and 2010 seasons; and
Whereas, During their consecutive championship seasons, the
Lady Irish compiled a record of 124 wins, 11 losses and 2 ties and
recorded the second greatest number of victories in state history
for each of the 2009 and 2010 seasons; and
Whereas, The Lady Irish team's record against state-ranked
opponents in all three classes of play for 2010 was 47 wins, 6
losses and 1 tie and a remarkable 29 wins, 5 losses and 1 tie
against the entire State Tournament field from the three classes;
and
Whereas, The Charleston Catholic Lady Irish Volleyball team
was nationally ranked for the entire 2010 season by
PrepVolleyball.com; and
Whereas, The Lady Irish have been recognized with an
unprecedented four consecutive Team Sportsmanship Awards by the Kanawha Southern Volleyball Officials Board; and
Whereas, Charleston Catholic High School also received the
Sportsmanship Award at the 2010 Class A State Tournament; and
Whereas, For the first time in state history, four members of
the 2010 Lady Irish team were named to the First Team of the West
Virginia Sportswriters Association Class A All-State team, Katie
Stricker, Mackenzie Polen, Alison Gregory and Sarah Skeens and had
a fifth team member, Anne Marie Stonestreet, named as Honorable
Mention; and
Whereas, Vince Stricker, the Head Coach of the Lady Irish was
named as the Coach of the Year by the Kanawha Southern Volleyball
Officials Board and as the Coach of the North-South A-AA All-Star
team; and
Whereas, Three Senior Lady Irish players, Katie Stricker,
Alison Gregory and Sarah Skeens were named to the North-South All-
Star team and multiple team members broke school records and led
all volleyball players in the state in numerous statistical
categories; and
Whereas, The Charleston Catholic High School Lady Irish
Volleyball team is a shining example of what can be accomplished
with teamwork, dedication and spirit; therefore, be it
Resolved by the Senate:
That the Senate hereby honors the Charleston Catholic High
School Volleyball Team for its accomplishments and record-setting performances over the 2009 and 2010 seasons; and, be it
Further Resolved, That the Senate recognizes that the
achievements of the Charleston Catholic High School Lady Irish
Volleyball team as exemplary in terms of athletic achievement,
bringing positive national recognition to the state, and in
promoting character through sportsmanship; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to the Principal of Charleston Catholic
High School, to Head Coach Vince Stricker and to each member of the
Lady Irish Volleyball Team.
At the request of Senator Wells, 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, at
the request of Senator Unger, unanimous consent being granted,
proceeded to the thirteenth order of business.
Senator Kessler (Acting President) announced the appointment
of Senator Stollings, of the County of Boone, to the Committee on
Rules.
At the request of Senator Unger, and by unanimous consent, the
Senate returned to the fourth order of business.
Senator Kessler (Acting President), from the Committee on Rules, submitted the following report, which was received:
Your Committee on Rules has had under consideration
Senate Concurrent Resolution No. 17 (originating in the
Committee on Rules)--Adopting joint rules of the Senate and House
of Delegates.
Resolved by the Legislature of West Virginia:
That the Joint Rules of the Senate and House of Delegates to
be adopted as follows and shall govern the proceedings of the
eightieth Legislature, subject to amendment as provided in the
standing rules of the Senate and the House of Delegates:
Joint Assembly
1. Whenever there shall be a joint assembly of the two
houses, a brief account of the proceedings shall be entered upon
the Journal of each house, except in the joint assembly for
counting votes for state officers.
Joint Assembly to Open and Publish Election Returns
2. As soon as the Senate, being organized, is informed that
the House of Delegates is ready to proceed, as provided by section
three of article seven of the Constitution, to open and publish the
returns of the election for state officers, the Senate, preceded by
its
President presiding officer and other officers, shall repair in
a body to the hall of the House of Delegates. Upon their arrival
the Sergeant at Arms of the House of Delegates shall announce the
presence of the Senate. The
President presiding officer of the Senate shall then address the Speaker of the House, stating that a
majority of the Senate has assembled in the hall of the House of
Delegates to be present at the opening and publishing of the
returns of the elections for State officers, held on the ______ day
of _____________. The Speaker of the House of Delegates shall
invite the
President presiding officer of the Senate to a seat upon
his right, and the other members of the Senate and officers thereof
to take seats assigned to them, and after announcing that a
majority of the House of Delegates is present, shall then open and
publish the returns of said election, proceeding by counties in
alphabetical order, the Clerks of the two houses each taking down
the returns as announced by the Speaker, to be entered upon the
Journal of the House, and when completed and tabulated the Speaker
shall announce the votes received by each person voted for, for
each of said offices, and those receiving the largest number of
votes, shall be by him declared duly elected; and the Senate shall
then return to its hall, and if any two or more candidates for any
of said offices have an equal and the highest number of votes for
the same office, the two houses shall immediately proceed to choose
one of such persons for said office by a joint vote, as provided by
Section 3 of Article VII of the Constitution.
Disagreement and Conference
3. (a) Whenever a measure of one house is amended in the
other and the house in which it originated shall refuse to concur in the amendment, the house amending the measure may either insist
or recede therefrom. But when a measure originating in one house
is amended in the other, the house in which it originated may amend
such amendment and a motion therefor shall take precedence of a
motion to concur. If said house refuses to concur, the other house
may either recede from or insist upon its amendment, and a motion
to recede shall take precedence of a motion to insist. The motion
to lay on the table or to postpone indefinitely shall not be in
order in respect to the motion to recede from or to insist.
A motion to recede having failed shall be equivalent to the
adoption of a motion to insist and shall be so entered upon the
Journal. A motion to insist being decided in the negative shall be
equivalent to the adoption of a motion to recede and shall be so
entered upon the Journal. If the motion to insist prevails, the
house so insisting shall request a committee of conference on the
subject of disagreement, and shall appoint a committee therefor.
The other house may thereupon appoint such committee. Unless a
different number is agreed upon, such conference committee shall
consist of five members from each house.
Such committee shall consider and report upon only the subject
matter of the amendment or amendments which were in disagreement,
with necessary consequential changes. The committee shall meet at
a convenient time, to be agreed upon by their Chairmen, and upon
notifying all conferees of the time and place of any such meeting, and having conferred freely, shall report to their respective
houses the result of the conference. In case of agreement, the
report shall be first made, with the papers referred accompanying
it, to the house which refused to concur, and there acted upon; and
such action, with the papers referred, shall be immediately
reported by the Clerk to the other house. In case of disagreement,
the papers shall remain with the house in which the measure
originated. If an agreement is reached, the report shall be made
and signed in duplicate by at least a majority of the conferees
from each house, one of the duplicates being retained by the
conferees of each house.
(b) With respect to any conference agreed to within the first
fifty-one days of a regular session, the conference committee shall
report to each house within seven days of agreement to conference
or be discharged, except that upon a concurrent resolution duly
adopted by a majority of those present and voting in each house,
the
President of the Senate and Speaker of the House of Delegates
presiding officer of each house may extend the conference not to
exceed an additional three days. In no event shall a conference
committee report to each house later than 9:00 P.M. on the sixtieth
day.
With respect to any conference agreed to after the fifty-first
day of a regular session, or any time during any extraordinary
session, the conference committee shall report to each house within three days after agreement to conference or be discharged, except
that such conference may be extended by concurrent resolution duly
adopted by a majority of those present and voting in each house,
for a period not to exceed one additional day. In no event shall
a conference committee report to each house later than 9:00 P.M. on
the sixtieth day.
Any conference committee which fails to report within the time
limits established by this rule shall be deemed to be discharged,
and the papers referred shall remain with the house in which the
measure originated.
Any conference report shall, upon recognition by the presiding
officer, be communicated to each house by its Clerk and made
available to members of each house. Each house shall designate a
location or office where copies of such report shall be made
available. The Clerk shall communicate availability of conference
reports by an announcement to the members of said house during the
session. Such announcement can be made at any time upon
recognition by the presiding officer, and the Clerk shall duly note
the time of said announcement. Except as provided herein, the
conference report shall lie over one day and shall not be
considered in either house until at least the next day following,
but thereafter it shall be proper to take up consideration of the
conference report at any time otherwise permitted by the rules of
such house whether or not such house met on the preceding day:
Provided, That after the fifty-ninth day of any regular session or
on any day of any extraordinary session a conference committee
report may be considered the same day if availability of written
copies of such report is communicated to that house while in
session at least two hours prior to any consideration:
Provided,
however, That the conference report may be taken up for immediate
consideration at any time by two-thirds vote of the members of that
house present.
Nothing herein shall affect the right of the presiding officer
of either house to appoint or discharge any conference committee as
heretofore provided, such right to appoint and discharge such
committee being subject to the rules of each respective house.
The provisions of subsection (b) above shall not apply to the
Budget Bill.
Messages Between the Houses
4. When a message is sent by one house to the other, it shall
be
announced at the door communicated by the Clerk thereof to the
Clerk of the house to which it is sent,
by the Doorkeeper thereof,
if it be in session, and then be respectfully communicated to the
presiding officer by the person by whom it may be sent, but no
message shall be received during a call of the roll.
But the The
Clerk of one house may communicate a message to the Clerk of the
other after adjournment, and any message so sent shall be received
by the house to which it is sent whenever it may be in session.
Bill Processing
5. (a) In every regular session beginning after the effective
date of this rule, legislation recommended by the Governor or by
executive departments or agencies is requested to be filed in the
respective Clerks' offices and a copy sent to Legislative Services,
no later than the tenth day of each regular session of a
Legislature.
(b) No bill or joint resolution shall be considered on third
reading in its house of origin after the fiftieth day, unless
authorization shall be granted by a concurrent resolution adopted
by a two-thirds vote of the members present of both houses:
Provided, That the Budget Bill, or any salary or supplementary
appropriation bills may be considered at any time.
(c) This rule may be suspended by adopting a concurrent
resolution approved by a two-thirds majority of those present and
voting in each house. A house desiring to suspend this rule may
adopt a concurrent resolution and proceed as if the concurrent
resolution had been adopted in both houses and the rule suspended.
Any bill or joint resolution passed pursuant to such concurrent
resolution may be communicated to the other house with the
concurrent resolution or at any time after the concurrent
resolution has been communicated to the other house. The other
house may proceed to consider such bill or joint resolution only
after adopting the concurrent resolution. The provisions of this rule shall not apply to any extended regular session or to any
extraordinary session.
Processing of Bills Authorizing the Promulgation of Proposed
Legislative Rules; Duplication and Distribution of Proposed
Legislative Rules
5a. A "bill authorizing the promulgation of proposed
legislative rules" or a "bill of authorization" is a measure
intended to be enacted as general law, which incorporates by
reference a proposed legislative rule, with or without amendments
or substitutions set forth in the bill, and which authorizes the
promulgation and implementation of the proposed legislative rule.
The processing of bills authorizing the promulgation of proposed
legislative rules shall be governed by the standing rules of the
Senate and the House of Delegates, which are supplemented by the
provisions of this joint rule. In the case of any conflict between
this rule and a standing rule of the Senate or the House of
Delegates, the provisions of this rule shall control.
(1) The requirement of either house that bills shall be
presented in
quadruplicate duplicate applies to bills authorizing
the promulgation of proposed legislative rules, but does not apply
to the proposed legislative rule which the bill incorporates by
reference. Of the
quadruplicate duplicate copies, only the
designated original copy shall have appended thereto the full text
of the proposed legislative rule as finally approved by the agency seeking permission for its promulgation. Other copies of the full
text of the proposed legislative rule shall be made available to
members of the Legislature as hereinafter provided.
(2) Copies of the full text of each proposed legislative rule
shall be reproduced by printing or duplication by the Clerk prior
to, or as soon as is reasonably practicable after, the introduction
of the bill which would authorize by law the promulgation of the
proposed legislative rule. Prior to such printing or duplication,
a notation shall be affixed to the proposed legislative rule which
identifies the bill number of the introduced bill which would
authorize its promulgation and which also identifies the committee
or committees of the house to which the bill is to be referred by
the presiding officer following its introduction. Otherwise, the
copies printed or duplicated shall conform to the copy of the
proposed legislative rule appended to the original bill, so as to
facilitate the consideration and amendment of the rule throughout
the legislative process.
(3) The Clerk shall furnish to any member, upon his or her
request, without cost, one copy of the full text of a proposed
legislative rule as reproduced by the Clerk in accordance with the
provisions of subsection (2) of this joint rule. For any request
for an additional copy or copies of the proposed legislative rule,
the member requesting the copy or copies shall pay to the Clerk, in
advance, a charge which the Clerk has reasonably determined to be adequate to cover the actual cost of the printing or duplication:
Provided, That the provisions herein for the Clerk to furnish a
member with an additional copy or copies, with a cost charged, may
not interfere with or delay the prompt and otherwise timely
consideration of bills of authorization by the house or its
committees or subcommittees.
(4) Whenever the standing rules of either house require the
printing or reprinting of a bill, the rules apply to bills
authorizing the promulgation of a proposed legislative rule with
the same force and effect as they apply to other bills. However,
no printing or reprinting of the proposed legislative rule which is
incorporated by reference in the bill of authorization shall be
required, other than the printing required by subsection (2) of
this joint rule.
(5) Whenever the standing rules of either house require a bill
to be read, or fully and distinctly read, the rules apply to bills
authorizing the promulgation of a proposed legislative rule with
the same force and effect as they apply to other bills. However,
no reading of the proposed legislative rule which is incorporated
by reference in the bill of authorization shall be required.
One House to Notify Other of Rejection of Bill
6. When a bill or resolution passed in one house is rejected
in the other, notice thereof shall be sent to the house in which
the same shall have been passed.
Record of Bills and Resolutions
7. The Clerks of the two houses shall keep separate records
or registers, in which shall be recorded every action taken by the
Senate and House on each bill and resolution.
Clerks to Endorse Bills
8. The Clerks of the two houses shall endorse on each bill a
statement of any action taken by their respective bodies.
Notice to Be in Writing
9. Notice to either house of the action of the other shall be
in writing, signed by the Clerk of the house giving such notice.
Each House to Have Control of Own Printing
10. Each house may order the printing of bills, resolutions,
reports, and other documents without the consent of the other.
Joint Committees
11. Joint standing committees of the Senate and House shall
be appointed as follows:
(1)
Joint Committee on Enrolled Bills -- To consist of five
members from each house.
(2)
Joint Committee on Joint Rules -- To consist of the
presiding officers and two members of each house, to be appointed
by the presiding officers.
(3) Such other joint committees as may be provided for by
concurrent resolution. A bill or resolution referred to a joint
committee may be recalled from such committee by the house in which it originated.
Engrossed Bills to Be Filed with Clerk of the House
12. All engrossed bills passed by, and joint and concurrent
resolutions adopted by, both houses shall be filed with the Clerk
of the House to be kept with the rolls of the Legislature and to be
used by him in printing and publishing the Acts of the Legislature.
Joint Committee on Enrolled Bills
13. The Joint Committee on Enrolled Bills shall consist of
five members of the Senate and five members of the House of
Delegates, to be appointed by the presiding officer of each house,
whose duty it shall be to compare carefully all bills and joint
resolutions passed by both houses, with the enrollment thereof, and
to correct any errors or omissions they may discover and to make
reports to their respective houses from time to time, of the
correctly enrolled bills or joint resolutions. It shall be in
order for the Joint Committee on Enrolled Bills to report at any
time.
Printing Enrolled Bills
14. After a bill has been passed by both houses, the type
from which it was originally printed shall be corrected as to any
typographical errors that may not previously have been corrected
and to include any amendments that may have been made by either
house since the last printing of the bill. After the type has been
so corrected, three hundred fifty copies of the bill shall be printed (except charter bills, of which only twenty-five of each
shall be printed). Twelve of these copies shall be on seven and
one-fourth by ten bond paper, twenty-pound basis of at least fifty
percent rag content for the use of the Joint Committee on Enrolled
Bills, one of which copies, when properly authenticated, shall
become the Enrolled Bill, and the remainder shall be on
twenty-pound basis, sulphite bond paper. From these copies all
judges shall be furnished enrolled bills as provided for in section
fourteen, article one, chapter four of the code. In the case of
enrolled bills authorizing the promulgation of a proposed
legislative rule, a copy of the full text of the proposed
legislative rule which the bill incorporates by reference shall be
appended to the bill which has been properly authenticated and
designated to be the Enrolled Bill. The copy appended to the
Enrolled Bill shall conform to the copy of the full text of the
proposed legislative rule appended to the introduced bill. Copies
of the proposed legislative rule shall not be appended to the
additional copies of the Enrolled Bill. Following action by the
Governor, or the failure or refusal of the Governor to approve or
disapprove a bill of authorization, the copy of the Enrolled Bill
with the proposed legislative rule appended shall be the copy of
the bill filed with the Secretary of State in accordance with the
provisions of Rule 18 of these Joint Rules.
Authentication of Enrolled Bills
15. Enrolled Bills shall be authenticated by the signature of
the Chairman of the House Committee and the Chairman of the Senate
Committee, composing such Joint Committee on Enrolled Bills, but in
the absence of such Chairman another member of the committee may
act in his stead, and they shall require all bills and joint
resolutions before such authentication to be free from
interlineations or erasures and destroy any previous enrollment
containing any interlineations or erasures. A certificate, showing
in which house the bill originated and when it takes effect, signed
by the Clerks of the two houses, shall be endorsed on the bill.
After enrolled bills and joint resolutions are authenticated as
aforesaid, they shall be signed by the
Speaker of the House and by
the President of the Senate presiding officer of each house.
Presenting Bills to Governor
16. After a bill shall have thus been signed in each house,
it shall be presented by the said committee to the Governor, for
his approval. The said committee shall report the day of
presentation to the Governor, which time shall be entered on the
Journal of each house.
Record of Enrolled Bills
17. It shall be the duty of the
Committee on Enrolled Bills
Clerk of the House, as Keeper of the Rolls of the Legislature, to
keep a record book of all bills presented to the Governor for his
approval. The title and number of each bill presented to the Governor shall be entered in this book, and when a bill is
presented to him, the date presented and the signature of the
Governor, showing receipt of same, shall be entered at the side of
each title.
Action of Governor on Bills
18. When the Legislature is in session, any bill, including
an appropriation bill or any part thereof, disapproved by the
Governor shall be returned by him to the house in which it
originated, with his objections thereto, within five days after
receipt thereof, Sundays excepted, or become a law. If the
Legislature, by adjournment, prevents the return of a disapproved
bill, other than an appropriation bill, within such time, it shall
be filed by the Governor in the office of the Secretary of State
with his objections within fifteen days, after adjournment, or
become a law. If the Legislature, by adjournment, prevents the
return of a disapproved appropriation bill or any part thereof, it
shall be filed by the Governor in the office of the Secretary of
State with his objections within five days after adjournment, or
become a law. When any bill, including an appropriation bill or
any part thereof, is disapproved after adjournment of the
Legislature and such bill with the Governor's objections is filed
in the office of the Secretary of State within the prescribed time
as aforesaid, the Governor shall notify the house in which the bill
originated of his action.
Every bill approved by the Governor shall, within the
prescribed time after it is presented to him, as aforesaid, be
filed by the Governor in the office of the Secretary of State and
the fact of such approval communicated by the Governor to the house
in which said bill originated.
Any bill which shall be neither approved nor disapproved by
the Governor shall immediately after the expiration of the time
fixed by the Constitution in which he may disapprove the same, be
filed in the office of the Secretary of State, who shall forthwith
engross thereon a certificate to the following effect: "I certify
that the foregoing act, having been presented to the Governor for
his approval, and not having been returned by him to the house of
the Legislature in which it originated within the time prescribed
by the Constitution of the State, has become a law without his
approval," and shall date and sign the same. The Governor shall
notify the house in which the bill originated of each bill becoming
a law without his approval.
When a bill is returned to either house of the Legislature
with the objections of the Governor, proceedings thereon shall be
governed by section fourteen, article seven of the State
Constitution. In such cases the Clerk of the Senate and the Clerk
of the House of Delegates shall engross the action, if any, of
their respective houses on the reconsideration of the bill, and
sign the same.
The action of the Governor on all bills presented to him shall
be appropriately noted in the Journals of the two houses.
Joint Meetings of Committees
19. Whenever any bill has been referred by the Senate to one
of its standing committees, and the same or like bill has been
referred by the House to one of its committees, the Chairmen of the
respective committees, when in their judgment the interest of
legislation or the expedition of business will be better served
thereby, may arrange for a joint meeting of their committees for
the consideration of such bill. All joint committee meetings shall
be presided over by the Chairman of the Senate committee.
What Shall Be Printed in the Journal
20. The following shall always be printed in the Journal of
each house:
(a) Messages from the Governor and messages from the other
house, the titles of all bills and the title and text of all
resolutions.
(b) A record of all votes taken by yeas and nays as required
by the Constitution, the rules of the respective houses and these
rules; and a brief statement of the contents of each petition,
memorial, or paper presented to each house.
(c) A true and accurate account of the proceedings of each
house.
Manner of Printing the Journal and Bills
21. In printing the daily Journal of the proceedings of each
house there shall be printed at the top of each page, except the
first, the date of the Journal; and on the last page of each day's
Journal shall be printed the calendar for the next day.
At the top of the first page of each bill, preceding the title
and number thereof, there shall be printed the name of the person
by whom or the committee by which it was introduced and the date of
introduction; and at the top of each page, except the first, shall
be printed the number of the bill.
Regulation and Use of Legislative Offices, Chambers, Halls,
Stairways and Corridors
22.
The President of the Senate and the Speaker of the House
of Delegates The presiding officer of each house shall have power
to assign and regulate the office space in the portions of the
Capitol used by their respective houses and to grant permission for
the use of such space and the legislative Chambers for other than
legislative purposes. They shall also have jurisdiction over all
halls, stairways and corridors in the areas used by their
respective houses. The presiding officers may submit any question
or request arising under the foregoing provisions of this rule to
the Committee on Rules of their respective houses for determination
and action.
The area on the second floor between the legislative Chambers
and surrounding the rotunda on the second floor shall be under the jurisdiction of the Joint Committee on Rules. It shall be the duty
of this committee to maintain and preserve the aesthetic features
of this area of the Capitol. No display or exhibition of any
material or objects in this area shall be permitted without
approval of the committee.
Attaching pictures, posters, cards or placards on the walls in
any manner whatsoever in the halls, stairways and corridors in the
areas used by the respective houses and in the area between the
legislative Chambers surrounding and to the east and west of the
rotunda is prohibited.
Resolutions
23. Resolutions requiring concurrent action may originate in
either house, and shall be of two kinds, namely:
Joint Resolutions: These resolutions shall be used for
proposing amendments to the State Constitution and for ratifying
amendments to the Constitution of the United States. Joint
resolutions proposing amendments to the State Constitution shall be
adopted as provided in section two, article fourteen of said
Constitution.
Concurrent Resolutions: Such resolutions shall be used for
all purposes not covered by joint resolutions as defined above.
Suspension of Joint Rules
24. No Joint Rule shall be suspended, except by a two-thirds
vote of each house, and unless there be unanimous consent, such vote shall be taken by yeas and nays.
Transfer Amounts Between Items
25. The Clerk of the Senate, with the approval of the
President presiding officer, is authorized to make written request
to the State Auditor for the transfer of amounts between items of
the total appropriations for the Senate, in order to protect or
increase the efficiency of the service. Upon receipt of such
written request, the State Auditor shall transfer the amounts as
requested.
26. The Clerk of the House of Delegates, with the approval of
the
Speaker presiding officer, is authorized to make written
request to the State Auditor for the transfer of amounts between
items of the total appropriations for the House of Delegates, in
order to protect or increase the efficiency of the service. Upon
receipt of such written request, the State Auditor shall transfer
the amounts as requested.
27. The Clerk of the Senate and the Clerk of the House of
Delegates, with the approval of the
President and Speaker presiding
officers, are authorized to make a joint written request to the
State Auditor for the transfer of amounts between items of the
total appropriations for joint expenses of the Legislature, in
order to protect or increase the efficiency of the service. Upon
receipt of such written request, the State Auditor shall transfer
the amounts as requested.
Lobbying
28.
(Rescinded by SCR2, 2nd Ex. Sess., 1990)
Joint Committee on Pensions and Retirement
29. (a) A joint standing committee of the Senate and House,
named the Joint Committee on Pensions and Retirement, shall
continually study and investigate public retirement systems. All
pension and retirement related legislation introduced in the
Legislature shall be referred to the committee in addition to any
other reference the presiding officer may designate. Upon
reference of any pension or retirement related legislation, the
committee shall forward such legislation to the actuary of the
Consolidated Public Retirement Board or other actuary or actuarial
firm who shall return an actuarial letter or note to the committee
prior to the committee's consideration of such legislation.
(b) The committee shall consist of seven members of the Senate
to be appointed by the
President presiding officer of the Senate
and seven members of the House of Delegates to be appointed by the
Speaker presiding officer of the House of Delegates. If possible,
no more than five of the seven members appointed by the
President
of the Senate and the Speaker of the House of Delegates presiding
officers of the Senate and the House of Delegates, respectively,
may be members of the same political party.
(c) The committee shall make a continuing study and
investigation of retirement benefit plans applicable to non-federal government employees in this state. The powers and duties of the
committee include, but are not limited to, the following:
(1) Studying retirement benefit plans applicable to non-
federal government employees in the state of West Virginia,
including, without limitation, federal plans available to such
employees;
(2) Making recommendations within the scope of the study with
particular attention to financing of the various pension funds and
financing of accrued liabilities;
(3) Considering all aspects of pension planning and operation,
and making recommendations designed to establish and maintain sound
pension policy as to all funds;
(4) Filing a report to each regular session of the Legislature
concerning activities conducted between sessions;
(5) Analyzing each item of proposed pension and retirement
legislation, including amendments thereto, with particular
reference to analysis as to cost, actuarial soundness, and
adherence to sound pension policy, and reporting of its findings in
regard thereto to the Legislature; and
(6) Maintaining reference materials concerning pension and
retirement matters, including, without limitation, information as
to laws and systems in other states.
(d) The committee shall hold meetings at such times and places
as it may designate.
The President of the Senate shall appoint a cochair of the committee from the Senate members and the Speaker of
the House of Delegates shall appoint a cochair of the committee
from the House of Delegates members The presiding officer of each
house shall appoint a co-chair of the committee. When the
Legislature is not in session, the committee shall meet and conduct
its business as a joint committee.
When the Legislature is in session, in addition to joint
meetings, the members of either house may meet separately from
members of the other house to conduct committee business concerning
pension and retirement related legislation introduced or originated
in that house. When the members meet separately, they may function
as other committees of that house. As far as practicable, relevant
information, including actuarial letters or notes, gathered by
members meeting separately from the other house shall be sent to
the co-chair of the other house if it is considering the same or
similar legislation.
Bill Carryover
30.
(Rescinded by SCR 1, Reg. Sess., 1988)
Governing Powers
31. The
President of the Senate and Speaker of the House of
Delegates presiding officers of each house shall have the power to
and are hereby authorized to act on behalf of the Legislature as
required by the business and legal affairs of the Legislature
unless otherwise directed by a majority vote of both houses while the Legislature is in session or by the majority vote of the Joint
Committee on Government and Finance while the Legislature is not in
session.
Receipt of Constitutional Petitions and Resolutions
32. Any application from a county commission or a verified
petition from the voters of a county seeking to reform, alter or
modify a county commission pursuant to Article IX, Section 13 of
the West Virginia Constitution and any related documents that may
be subsequently submitted shall be filed with the Clerk of the
Senate and the Clerk of the House of Delegates. The Clerk of the
Senate and the Clerk of the House of Delegates shall verify that
the application, petition or related document has been properly
submitted to the other clerk before processing it in his or her
respective house. Such applications, petitions and related
documents not submitted to both the Clerk of the Senate and the
Clerk of the House of Delegates will not be submitted to either
house for processing or consideration by the Legislature.
When the Legislature is not sitting in regular session, upon
receipt of an application, petition or related document from a
county commission by the Clerk of
the Senate and the Clerk of the
House of Delegates, it shall be processed as a regular order of
business at the next regular session following receipt of the
application, petition or related document.
Effective with the 2009 regular session of the Legislature, an application or petition to reform, alter or modify a county
commission filed with the Legislature on or after the tenth day of
a regular legislative session may not be processed or considered by
the Legislature until the next regular legislative session.
An application or petition to reform, alter or modify a county
commission filed with the Legislature is only valid for the session
in which it was processed and such application or petition not
acted upon during that session is null and void.
If an application or petition to reform, alter or modify a
county commission filed with the Legislature is determined by the
Legislature to have an unconstitutional provision, then the
Legislature may: (a) Request that the application or petition be
corrected and resubmitted; or (b) make changes necessary to meet
the constitutional objection. A corrected application or petition
may be processed by the Legislature if there is sufficient time
remaining in the session for full consideration. If any request by
the Legislature to correct an application or petition prevents full
consideration of that application or petition during the session in
which it would have been considered, the House and the Senate may
process the corrected application or petition at the next regular
session.
And reports the same back with the recommendation that it be
adopted.
Respectfully submitted,
Jeffrey V. Kessler,
Chair ex officio.
At the request of Senator Unger, unanimous consent being
granted, the resolution was taken up for immediate consideration.
Following discussion,
The question being on the adoption of the resolution, the same
was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Thereafter, at the request of Senator Boley, and by unanimous
consent, the remarks by Senators Unger, Chafin, Jenkins and Hall
regarding the adoption of Senate Concurrent Resolution No. 17 were
ordered printed in the Appendix to the Journal.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 8, Requesting DOH name
segment of U. S. Route 33 "Sergeant Clinton M. Hedrick and World
War II Veterans Memorial Highway".
On unfinished business, coming up in regular order, was
reported by the Clerk.
The question being on the adoption of the resolution, the same
was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Senate Concurrent Resolution No. 9, Requesting DOH name bridge on U. S. Route 220 in Smoke Hole, Pendleton County, "Pendleton
County Vietnam Veterans Memorial Bridge".
On unfinished business, coming up in regular order, was
reported by the Clerk.
The question being on the adoption of the resolution, the same
was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
The Senate proceeded to the eighth order of business.
Eng. Com. Sub. for Senate Bill No. 93, Relating to escape from
custody of Division of Juvenile Services.
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, Foster,
Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller,
Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings,
Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler
(Acting President)--32.
The nays were: None.
Absent: Fanning and Tomblin (Mr. President)--2.
So, a majority of all the members present and voting having
voted in the affirmative, the Acting President declared the bill
(Eng. Com. Sub. for S. B. No. 93) 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. 184, Relating to disposition of remains
of military service member who dies while serving in military.
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, Foster,
Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller,
Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings,
Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler
(Acting President)--32.
The nays were: None.
Absent: Fanning and Tomblin (Mr. President)--2.
So, a majority of all the members present and voting having
voted in the affirmative, the Acting President declared the bill
(Eng. S. B. No. 184) 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. 192, Protecting consumers from price
gouging and unfair pricing practices.
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, Foster,
Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller,
Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings,
Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler
(Acting President)--32.
The nays were: None.
Absent: Fanning and Tomblin (Mr. President)--2.
So, a majority of all the members present and voting having
voted in the affirmative, the Acting President declared the bill
(Eng. S. B. No. 192) 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. 213, Relating to crimes
using computers, telephones and electronic devices.
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, Foster,
Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller,
Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings,
Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler
(Acting President)--32.
The nays were: None.
Absent: Fanning and Tomblin (Mr. President)--2.
So, a majority of all the members present and voting having
voted in the affirmative, the Acting President declared the bill
(Eng. Com. Sub. for S. B. No. 213) 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. 216, Modifying definition
"imminent danger to physical well-being of a child".
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, Foster,
Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller,
Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings,
Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler
(Acting President)--32.
The nays were: None.
Absent: Fanning and Tomblin (Mr. President)--2.
So, a majority of all the members present and voting having
voted in the affirmative, the Acting President declared the bill
(Eng. Com. Sub. for S. B. No. 216) 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. 63, Relating to Board of Pharmacy and controlled substances.
On second reading, coming up in regular order, was read a
second time.
At the request of Senator Unger, and by unanimous consent, the
bill was advanced to third reading with the right for amendments to
be considered on that reading.
The Senate proceeded to the twelfth order of business.
Remarks were made by Senators Unger and Snyder.
Thereafter, at the request of Senator Browning, and by
unanimous consent, the remarks by Senators Unger and Snyder were
ordered printed in the Appendix to the Journal.
On motion of Senator Unger, leaves of absence for the day were
granted Senators Tomblin (Mr. President) and Fanning.
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Unger, the Senate adjourned until
tomorrow, Wednesday, February 2, 2011, at 11 a.m.
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