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sdj-30th day
WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

EIGHTIETH LEGISLATURE

REGULAR SESSION, 2011

THIRTIETH DAY

____________

Charleston, W. Va.,

Thursday, February 10, 2011

The Senate met at 11 a.m.
(Senator Kessler, Acting President, in the Chair.)

Prayer was offered by Pastor Franklin D. Thomas, Living Faith Church, Marmet, West Virginia.
Pending the reading of the Journal of Wednesday, February 9, 2011,
On motion of Senator Jenkins, the Journal was approved and the further reading thereof dispensed with.
The Senate proceeded to the second order of business and the introduction of guests.
The Senate then proceeded to the third order of business.
A message from The Clerk of the House of Delegates announced the passage by that body, to take effect from passage, and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 2368--A Bill to amend and reenact §30-27-6 of the Code of West Virginia, 1931, as amended, all relating to the practice of beauty care; and requiring the board to establish an apprentice program.
Referred to the Committee on Government Organization.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 2663--A Bill to amend and reenact §24-1-3 and §24-1-4 of the Code of West Virginia, 1931, as amended, all relating to the conduct of hearings by the Public Service Commission and its designated hearing examiners; requiring the Commission to preside en banc over any hearings conducted with respect to any case in which the Commission retains to sit en banc as the initial finder of fact; and deleting obsolete language.
Referred to the Committee on Government Organization; and then to the Committee on the Judiciary.
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. 2708--A Bill to amend and reenact §15-10-4 of the Code of West Virginia, 1931, as amended, relating to removing a twelve-month limitation for certain agreements between or among law-enforcement agencies to remain in effect; and permitting agreements between or among different law-enforcement agencies to remain in effect unless terminated.
Referred to the Committee on Government Organization; and then to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced the passage by that body, to take effect July 1, 2011, and requested the concurrence of the Senate in the passage of
Eng.Com. Sub. for House Bill No. 2757--A Bill to amend and reenact §18A-2-2, §18A-2-6, §18A-2-7, §18A-2-8a, §18A-2-12 and §18A-2-12a of the Code of West Virginia, 1931, as amended, all relating to employment of school personnel; changing dates for notice, hearing, furnishing to county board and board action respecting certain personnel subject to transfer, reassignment, termination and reemployment; providing for evaluation of professional personnel in the public schools; specifying certain professional personnel who must be evaluated; requiring evaluations to be at least annual; providing certain processes for evaluations and applicable dates; requiring State Board of Education to revise professional personnel evaluations and pilot test revised process; limitations on use of pilot test evaluation results; requiring State Board of Education to establish task force to address rule changes regarding professional personnel evaluations; requiring state board study of duties and responsibilities of certain professional employees and time required to accomplish evaluations; requiring use and reporting of study results; establishing task force reporting and recommendations; requiring state board report to Legislative Oversight Commission on Education Accountability; establishing dates certain for submission of proposed rule and adopted rule and effective date of rule; requiring certain rule provisions; requiring provision of written evaluation results to persons evaluated; modifying related evaluation provisions to comport with changes; and making technical corrections and removing obsolete provisions throughout.
Referred to the Committee on Education; and then to the Committee on Finance.
A message from The Clerk of the House of Delegates announced the passage by that body, to take effect July 1, 2011, and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 2787--A Bill to repeal §30- 18-1, §30-18-2, §30-18-3, §30-18-4, §30-18-5, §30-18-6, §30-18-7, §30-18-8, §30-18-9, §30-18-10, §30-18-11 §30-18-12, and §30-18-13 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new article, designated §15-14-1, §15-14- 2, §15-14-3, §15-14-4, §15-14-5, §15-14-6, §15-14-7, §15-14-8, §15- 14-9, §15-14-10, §15-14-11, §15-14-12, §15-14-13, §15-14-14, §15- 14-15, §15-14-16, §15-14-17, §15-14-18 and §15-14-19, all relating to transferring private security services from the Secretary of State to the Division of Criminal Justice and Community Services; license requirement; authority of the Director of the Division of Justice and Community Services; rulemaking requirements; the creation of the West Virginia Private Security Fund; use of the West Virginia Private Security Fund; eligibility requirements for licensure of private investigators and security services; application requirements for license to do business as a private investigator or security services; requirements of employees under firm license; license renewal requirements; complaint and investigation procedures; due process requirements; grounds for disciplinary action; hearing procedures; judicial review; criminal sanctions; providing that a single act may be evidence of pattern of practice; action for damages; and requiring a report to the Joint Committee on Government Organization.
Referred to the Committee on Government Organization; and then to the Committee on the Judiciary.
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. 2871--A Bill to amend and reenact §5B-2-6a of the Code of West Virginia, 1931, as amended, relating to brownfield economic development districts; and providing that governing bodies of municipalities and counties have regulatory and oversight authority over these districts.
Referred to the Committee on Economic Development.
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. 2936--A Bill to amend and reenact §3-5-17 of the Code of West Virginia, 1931, as amended, relating to changing the date of the canvassing of votes in a primary election from the Friday following a primary election to the Monday following a primary election.
Referred to the Committee on Government Organization; and then to the Committee on the Judiciary.
The Senate proceeded to the fourth order of business.
Senator Green, from the Committee on Energy, Industry and Mining, submitted the following report, which was received:
Your Committee on Energy, Industry and Mining has had under consideration
Senate Bill No. 94, Updating surveyor terminology and plat preparation.
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,
Mike Green,
Chair.
The bill, under the original double committee reference, was then referred to the Committee on the Judiciary.
Senator Green, from the Committee on Energy, Industry and Mining, submitted the following report, which was received:
Your Committee on Energy, Industry and Mining has had under consideration
Senate Bill No. 234, Revising Municipal Economic Opportunity Development District Act.
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,
Mike Green,
Chair.
The bill, under the original double committee reference, was then referred to the Committee on Finance.
Senator Green, from the Committee on Energy, Industry and Mining, submitted the following report, which was received:
Your Committee on Energy, Industry and Mining has had under consideration
Senate Bill No. 235, Revising County Economic Opportunity Development District Act.
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,
Mike Green,
Chair.
The bill, under the original double committee reference, was then referred to the Committee on Finance.
Senator Prezioso, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 299, Authorizing Racing Commission promulgate legislative rule relating to greyhound racing.
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.
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. 301, Authorizing Treasurer's Office promulgate legislative rule relating to establishment of imprest funds.
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.
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. 303, Adding captive cervids to list of animals protected from dogs.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 303 (originating in the Committee on the Judiciary)--A Bill
to amend and reenact §19-20-14, §19-20-15, §19-20-16, §19-20-17 and §19-20-18 of the Code of West Virginia, 1931, as amended, all relating to adding captive cervids to the list of animals protected from dogs which have killed, wounded or worried any of the listed animals; recovering damages; assessing damages by appraisers; killing a dog lawfully; harboring a dog unlawfully; and providing penalties.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Corey Palumbo,
Chair.
Senator Yost, from the Committee on Labor, submitted the following report, which was received:
Your Committee on Labor has had under consideration
Senate Bill No. 310, Making certain employees eligible for unemployment compensation.
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,
Jack Yost,
Chair.
The bill, under the original double committee reference, was then referred to the Committee on Finance, with amendments from the Committee on Labor pending.
Senator Snyder, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration
Senate Bill No. 352, Relating to sale of property owned by county commission.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 352 (originating in the Committee on Government Organization)--A Bill
to amend and reenact §7-3-3 of the Code of West Virginia, 1931, as amended, relating to the sale of property owned by the county commission; and providing an exemption for sale of county-owned hospitals.
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,
Herb Snyder,
Chair.
The bill (Com. Sub. for S. B. No. 352), under the original double committee reference, was then referred to the Committee on Finance.
Senator Palumbo, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 376, Permitting unit owners' associations institute legal action to collect dues.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Corey Palumbo,
Chair.
Senator Snyder, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration
Senate Bill No. 378, Allowing Racing Commission use certain permit and registration fees to pay salaries and other expenses.
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,
Herb Snyder,
Chair.
The bill, under the original double committee reference, was then referred to the Committee on Finance.
Senator Snyder, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration
Senate Bill No. 386, Changing renewal dates of Racing Commission-issued occupational permits.
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,
Herb Snyder,
Chair.
The bill, under the original double committee reference, was then referred to the Committee on the Judiciary.
Senator Snyder, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration
Senate Bill No. 394, Creating process Racing Commission may grant stay requests pending appeals of orders by stewards or judges.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 394 (originating in the Committee on Government Organization)--A Bill
to amend and reenact §19-23-16 of the Code of West Virginia, 1931, as amended, relating to creating a process by which the West Virginia Racing Commission may grant stay requests pending appeals of orders by stewards or judges; permitting the appointment of hearing examiners who must be licensed to practice law in the state; and providing that if the Racing Commission modifies or rejects a hearing examiner's recommended decision, its order doing so must provide findings of fact, conclusions of law and set forth with specificity the reasons for the modification or rejection.
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,
Herb Snyder,
Chair.
The bill (Com. Sub. for S. B. No. 394), under the original double committee reference, was then referred to the Committee on the Judiciary.
Senator Snyder, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration
Senate Bill No. 413, Changing title of Racing Commission's racing secretary.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Herb Snyder,
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. 464, Allowing certain persons to petition to regain right to possess firearms.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 464 (originating in the Committee on the Judiciary)--A Bill
to amend and reenact §61-7A-2 and §61-7A-5 of the Code of West Virginia, 1931, as amended, all relating to the state mental health registry generally; clarifying that only final commitments for treatment be reported to the registry; complying with federal requirements relating to petitions for relief from prohibition against possessing a firearm; increasing information to be provided by petitioners; expanding the factors to be considered by a reviewing court; and expanding the findings a court must make in granting a petition.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Corey Palumbo,
Chair.
Senator Snyder, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration
Eng. Com. Sub. for House Bill No. 2696, Authorizing the county commission of Boone County to transfer its title and interests in the Boone Memorial Hospital.
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,
Herb Snyder,
Chair.
At the request of Senator Palumbo, as chair of the Committee on the Judiciary, unanimous consent was granted to dispense with the second committee reference of the bill contained in the foregoing report from the Committee on Government Organization.
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 Barnes, Helmick, Sypolt, Williams, Plymale and Minard:
Senate Bill No. 480--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-13A-4a, relating to clarifying the intent of the Legislature in imposing the severance tax on the privilege of producing timber; and providing for this clarification to be applied retrospectively.
Referred to the Committee on Natural Resources; and then to the Committee on Finance.
By Senators Barnes, Helmick and Sypolt:
Senate Bill No. 481--A Bill to amend and reenact §51-2A-3 of the Code of West Virginia, 1931, as amended, relating to courts and their officers; family courts; and adding one family court judge to the twenty-third family court circuit.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senators Tucker, Wills, Stollings, Plymale, Minard, Yost and Sypolt:
Senate Bill No. 482--A Bill to amend and reenact §29-21-6 of the Code of West Virginia, 1931, as amended, relating to requiring public defender corporations of all the judicial circuits to be centralized under the Executive Director of Public Defender Services; and granting rule-making authority.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senator Sypolt:
Senate Bill No. 483--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-15-9n, relating generally to consumers sales and service tax liability of homeowners' associations and their members; exempting from tax dues, fees and assessments paid to homeowners' associations by members thereof which are to be used by the homeowners' association acting in its representative capacity for all members to purchase for the members, rather than sell to the members, such goods and services.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senators McCabe, Unger, Foster, Stollings, Wells, Minard, Beach and Kessler (Acting President):
Senate Bill No. 484--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18B-12-3a, relating to research and development agreements for state institutions of higher education; and designating the Higher Education Policy Commission a state institution of higher education and its chancellor a president for the purpose of entering into research and development agreements.
Referred to the Committee on Economic Development; and then to the Committee on Education.
By Senators Stollings, Browning, Unger, Prezioso and Minard:
Senate Bill No. 485--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-1-5a, relating to the development and approval of certain training programs relating to the possession of epinephrine and the administration of epinephrine in emergency situations; and authorizing certain individuals to obtain a prescription for epinephrine, purchase epinephrine and administer epinephrine in emergency situations.
Referred to the Committee on Health and Human Resources.
By Senators Laird, Tucker, Plymale, Kessler (Acting President), Unger, Helmick, Browning, Stollings, McCabe, Wells and Miller:
Senate Bill No. 486--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §18B-1E-1, §18B-1E-2, §18B-1E-3 and §18B-1E-4, all relating to West Virginia University Institute of Technology, West Virginia University and the Higher Education Policy Commission; defining certain terms; establishing a revitalization project and plan; stating legislative findings, purpose and intent; and requiring certain reports.
Referred to the Committee on Education; and then to the Committee on Finance.
By Senators Palumbo and Kessler (Acting President):
Senate Bill No. 487--A Bill to amend and reenact §22A-2-24 of the Code of West Virginia, 1931, as amended, relating to increasing from sixty-five percent to eighty percent the required amount of noncombustible material in certain underground coal mines to be consistent with federal requirements.
Referred to the Committee on Energy, Industry and Mining; and then to the Committee on the Judiciary.
By Senators Stollings, Foster, Hall, Wills, Snyder, Kessler (Acting President), Jenkins, Plymale and Miller:
Senate Bill No. 488--A Bill to repeal §16-3C-7 of the Code of West Virginia, 1931, as amended; and to amend and reenact §16-3C-1, §16-3C-2 and §16-3C-3 of said code, all relating to repealing the authority of the Department of Corrections to conduct AIDS-related study; providing for AIDS-related testing and confidentiality of records; providing definitions; who may request testing; confidentiality of records; and providing when disclosure is permitted.
Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
By Senators Foster and Sypolt:
Senate Bill No. 489--A Bill to amend and reenact §60A-9-5 of the Code of West Virginia, 1931, as amended, relating to permitting specific law-enforcement officials access to certain confidential pharmaceutical information to identify unusual prescription drug behavior; requiring the State Board of Pharmacy to issue periodic reports to certain law-enforcement officials who identify abnormal prescription practices; and granting rule-making authority.
Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
By Senators Green, Stollings, Hall, D. Facemire, Minard and Sypolt:
Senate Bill No. 490--A Bill to amend and reenact §16-38-3 of the Code of West Virginia, 1931, as amended, relating to prohibiting minors under the age of sixteen from obtaining a tattoo; and requiring a parent or guardian's written consent for minors over the age of sixteen.
Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
By Senators McCabe, Foster, Hall, Minard and Sypolt:
Senate Joint Resolution No. 11--Proposing an amendment to the Constitution of the State of West Virginia, amending article X thereof, by adding thereto a new section, designated section one-d, relating to authorizing the Legislature to exempt tangible personal property from ad valorem taxation; authorizing the Legislature to reduce maximum levy rates on tangible personal property as an alternative to exempting such property from ad valorem property taxation; requiring the Legislature to provide measures by which revenues reduced or lost as a result of such an exemption or rate reduction may be replaced; prohibiting any impact on any excess levy in effect at the time an exemption or rate reduction takes effect; authorizing the Legislature to phase in an exemption or rate reduction over a period not to exceed five years on property being taxed at the time an exemption or rate reduction takes effect; 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.
At the request of Senator Unger, unanimous consent being granted, the Senate proceeded to the consideration of
Senate Concurrent Resolution No. 17, Adopting joint rules of the Senate and House of Delegates.
Having been received as a House message on Monday, February 7, 2011, announcing the adoption, as amended, by that body, and the Senate having adopted the resolution with further amendment on that date.
The resolution now being in the possession of the Senate,
At the request of Senator Unger, and by unanimous consent, the Senate reconsidered the vote as to the adoption of the resolution.
The vote thereon having been reconsidered,
At the request of Senator Unger, unanimous consent being granted, the Senate reconsidered the vote by which on Monday, February 7, 2011, it concurred in the House of Delegates amendment, as amended (shown in the Senate Journal of that day, page 4).
The vote thereon having been reconsidered,
At the request of Senator Unger, and by unanimous consent, the Senate reconsidered its action by which on Monday, February 7, 2011, it adopted Senator Unger's amendments to the House of Delegates amendment (shown in the Senate Journal of that day, page 4).
The vote thereon having been reconsidered,
The question again being on the adoption of Senator Unger's amendments to the House of Delegates amendment to the resolution (S. C. R. No. 17).
At the request of Senator Unger, unanimous consent being granted, Senator Unger's amendments to the House of Delegates amendment to the resolution were withdrawn.
On motion of Senator Unger, the following amendments to the House of Delegates amendment to the resolution were reported by the Clerk, considered simultaneously, and adopted:
By striking out the word "determined" and inserting in lieu thereof the word "selected";
And,
After the word "Constitution" by inserting a comma and the words "the Rules of the Senate, the Rules of the House of Delegates, respectively, these Joint Rules,".
On motion of Senator Unger, the Senate concurred in the House of Delegates amendment, as just amended.
The question being on the adoption of the resolution, as amended, 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.
Senate Concurrent Resolution No. 14, Requesting DOH name bridge in Whitesville crossing Big Coal River, "CPL Charles 'Mitchell' Hannah Memorial Bridge".
On unfinished business, coming up in regular order, was reported by the Clerk.
The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Senate Concurrent Resolution No. 16, Requesting DOH name WV 54, from intersection with CR 54/4 to intersection with WV 16, "C.C. 'Sonnie' Phillips Bypass".
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. 18, Requesting DOH name bridge on Corridor H in Moorefield, Hardy County, "Richard Lee 'Dickie' Moyers 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.
Senate Concurrent Resolution No. 19, Requesting DOH name WV 3 from intersection with WV 94 to Raleigh County Line "John Protan 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. 24, Requesting DOH name bridge in Monongalia County, "Joseph C. Bartolo Memorial Bridge".
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Transportation and Infrastructure.
Senate Concurrent Resolution No. 25, Requesting DOH name Route 35 in Putnam and Mason counties, "Fruth-Lanham Highway".
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Transportation and Infrastructure.
Senate Concurrent Resolution No. 26, Requesting DOH name bridge near Walkersville, Lewis County, "SP4 Loyd Eugene Robinson Memorial Bridge".
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Transportation and Infrastructure.
The Senate proceeded to the eighth order of business.
Eng. Com. Sub. for Senate Bill No. 196, Relating to criminal offenses of robbery and attempted robbery.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
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. 196) 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.
Senate Bill No. 205, Updating certain terms in Corporation Net Income Tax Act.
On second reading, coming up in regular order, was 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, Fanning, 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)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
Engrossed Senate Bill No. 205 was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
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. 205) passed with its title.
Senator Unger moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
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. 205) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Senate Bill No. 215, Updating certain terms in Personal Income Tax Act.
On second reading, coming up in regular order, was 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, Fanning, 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)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
Engrossed Senate Bill No. 215 was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
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. 215) passed with its title.
Senator Unger moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
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. 215) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Com. Sub. for Senate Bill No. 338, Permitting state opt out of federal statute preventing residents convicted of certain crimes from receiving certain benefits.
On second reading, coming up in regular order, was 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, Fanning, 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)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
Engrossed Committee Substitute for Senate Bill No. 338 was then read a third time and put upon its passage.
Pending discussion,
The question being "Shall Engrossed Committee Substitute for Senate Bill No. 338 pass?"
On the passage of the bill, the yeas were: Barnes, Beach, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Foster, Green, Hall, Klempa, Laird, McCabe, Miller, Minard, Palumbo, Plymale, Prezioso, Snyder, Stollings, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--27.
The nays were: Boley, Fanning, Helmick, Jenkins, Nohe and Sypolt--6.
Absent: Tomblin (Mr. President)--1.
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. 338) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Com. Sub. for Senate Bill No. 385, Amending section relating to special penalties for assault and battery on athletic official.
On second reading, coming up in regular order, was 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, Fanning, 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)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
Engrossed Committee Substitute for Senate Bill No. 385 was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
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. 385) 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 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:
Senate Bill No. 222, Relating to Municipal Police Officers and Firefighters Retirement System.
Senate Bill No. 239, Extending period higher education institutes have to deposit moneys into research endowments.
Com. Sub. for Senate Bill No. 280, Changing certain deadlines associated with employment of service and school personnel.
Senate Bill No. 337, Making failure to wear safety belts primary offense.
And,
Eng. House Bill No. 2557, Extending the time for the Board of Education of Upshur County to meet as a levying body.
The Senate proceeded to the twelfth order of business.
Remarks were made by Senator Stollings.
Thereafter, at the request of Senator Unger, and by unanimous consent, the remarks by Senator Stollings were ordered printed in the Appendix to the Journal.
The Senate proceeded to the thirteenth order of business.
At the request of Senator K. Facemyer, and by unanimous consent, it was ordered that the Journal show had Senator K. Facemyer been present in the chamber on yesterday, Wednesday, February 9, 2011, she would have voted "yea" on the passage of Engrossed Committee Substitute for Senate Bill No. 265 and Engrossed Senate Bill No. 438.
On motion of Senator Unger, a leave of absence for the day was granted Senator Tomblin (Mr. President).
Pending announcement of meetings of standing committees of the Senate,
On motion of Senator Unger, the Senate adjourned until tomorrow, Friday, February 11, 2011, at 11 a.m.
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