sdj-36th day
WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
EIGHTIETH LEGISLATURE
REGULAR SESSION, 2011
THIRTY-SIXTH DAY
____________
Charleston, W. Va., Wednesday, February 16, 2011
The Senate met at 11 a.m.
(Senator Kessler, Acting President, in the Chair.)
Prayer was offered by the Reverend Damron B. Bradshaw, Racine
United Methodist Church, Racine, West Virginia.
Pending the reading of the Journal of Tuesday, February 15,
2011,
On motion of Senator Boley, 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. 2935--A Bill to repeal §3-4-1, §3-4-2,
§3-4-3, §3-4-4, §3-4-5, §3-4-6, §3-4-7. §3-4-8, §3-4-9, §3-4-10,
§3-4-11, §3-4-12, §3-4-12a, §3-4-13, §3-4-14, §3-4-15, §3-4-16,
§3-4-17, §3-4-18, §3-4-19, §3-4-20, §3-4-21, §3-4-22, §3-4-23,
§3-4-24, §3-4-25, §3-4-26, §3-4-27, §3-4-28, §3-4-29, §3-4-30, §3-4-31 and §3-4-32 of the Code of West Virginia, 1931, as amended,
all relating to outdated and obsolete sections concerning voting
machines in general no longer approved for use in elections.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption of
House Concurrent Resolution No. 2--Requesting the Division of
Highways to name the bridge on Brounland Road, crossing Brier Creek
in Kanawha County, bridge number 20-15-2.64, as the "James Paul
Harrison WWII Memorial Bridge".
Referred to the Committee on Transportation and
Infrastructure.
A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption of
House Concurrent Resolution No. 31--Requesting the Division of
Highways to rename the bridge located on Route 10 which crosses the
Guyandotte River just outside of Ranger, West Virginia,
specifically bridge number 3461 the "Ranger Veteran's Memorial
Bridge".
Referred to the Committee on Transportation and
Infrastructure.
A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption of
House Concurrent Resolution No. 39--Requesting the Division of
Highways to name bridge 22-64-0.02 over Uptons Creek at
Spurlockville in Lincoln County, West Virginia, the "Justin Frye
Memorial Bridge".
Referred to the Committee on Transportation and
Infrastructure.
A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption of
House Concurrent Resolution No. 42--Requesting the Division of
Highways to name bridge 23-16-3.45 over Buffalo Creek on State
Route 16 in Logan County, West Virginia, the "PFC William A.
Lawrence Memorial Bridge".
Referred to the Committee on Transportation and
Infrastructure.
The Senate proceeded to the fourth order of business.
Senator Plymale, from the Committee on Education, submitted
the following report, which was received:
Your Committee on Education has had under consideration
Senate Bill No. 228, Creating Local Solution Dropout
Prevention and Recovery Act.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 228 (originating in the
Committee on Education)--A Bill
to amend the Code of West Virginia,
1931, as amended, by adding thereto a new article, designated §18-8B-1, §18-8B-2, §18-8B-3, §18-8B-4, §18-8B-5 and §18-8B-6, all
relating to school dropout prevention and recovery; creating the
Local Solution Dropout Prevention and Recovery Act; providing
legislative findings and purpose; defining terms; creating a Local
Solution Dropout Prevention and Recovery Committee to implement
this act and the state board rules required by this act; requiring
Local Solution Dropout Prevention and Recovery Committee to develop
a comprehensive statewide student data system; establishing pilot
sites to test individual statewide student data system; creating
special revenue fund in State Treasury entitled the Local Solution
Dropout Prevention and Recovery Fund; providing application process
for groups of schools, school districts or community-based
education enrichment entities approved by the county board to
become designated dropout prevention and recovery pilot projects;
requiring State Board of Education emergency rules to implement
dropout prevention and recovery pilot program, application and
award process; and requiring the Local Solution Dropout Prevention
and Recovery Committee to provide the Legislature with annual
reports regarding the dropout prevention and recovery pilot
project.
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,
Robert H. Plymale,
Chair.
At the request of Senator Plymale, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 228) contained in the
preceding report from the Committee on Education was taken up for
immediate consideration, read a first time, ordered to second
reading and, under the original double committee reference, was
then referred to the Committee on Finance.
Senator Minard, from the Committee on Banking and Insurance,
submitted the following report, which was received:
Your Committee on Banking and Insurance has had under
consideration
Senate Bill No. 253, Amending insurance code with respect to
holding companies.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 253 (originating in the
Committee on Banking and Insurance)--A Bill
to amend and reenact
§33-27-2, §33-27-2a, §33-27-3
, §33-27-4, §33-27-5, §33-27-6,
§33-27-7, §33-27-9, §33-27-11 and §33-27-14 of the Code of West
Virginia, 1931, as amended; and to amend said code by adding
thereto two new sections,
designated §33-27-3a and §33-27-6a, all
relating to insurance holding company systems; defining terms;
excluding certain investments from determination of adequacy of
surplus; requiring notice and other information with regard to
divestiture or acquisition of a controlling interest; changing
public hearing requirements; providing standards for review of
acquisition request by commissioner; establishing process for
consolidated hearings; providing standards and procedures for
certain acquisitions not otherwise covered; providing requirements
for insurers; expanding examinations and types of information that
may be demanded and reviewed by the commissioner, including
compelling production; providing for management of domestic
insurers subject to registration; providing for establishment of
supervisory colleges; providing additional confidentiality
measures; providing for payments of costs, expenses and mileage;
providing for fines, orders and penalties; and
authorizing
emergency rules
.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Joseph M. Minard,
Chair.
Senator Minard, from the Committee on Banking and Insurance,
submitted the following report, which was received:
Your Committee on Banking and Insurance has had under
consideration
Senate Bill No. 267, Increasing fine or penalty Commissioner
of Banking may impose on residential mortgage brokers and lenders.
And has amended same.
And,
Senate Bill No. 274, Allowing Commissioner of Banking assess
state banks on quarterly basis.
And has amended same.
And reports the same back with the recommendation that they each do pass, as amended.
Respectfully submitted,
Joseph M. Minard,
Chair.
Senator Stollings, from the Committee on Health and Human
Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under
consideration
Senate Bill No. 297, Authorizing Board of Optometry promulgate
legislative rule relating to injectable pharmaceutical agents
certificates.
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,
Ron Stollings,
Chair.
At the request of Senator Stollings, unanimous consent being
granted, the bill (S. B. No. 297) contained in the preceding report
from the Committee on Health and Human Resources was taken up for
immediate consideration, read a first time, ordered to second
reading and, under the original double committee reference, was
then referred to the Committee on the Judiciary, with an amendment
from the Committee on Health and Human Resources pending.
Senator Beach, from the Committee on Transportation and Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had
under consideration
Senate Bill No. 333, Authorizing electronic collection and
enforcement of tolls.
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,
Robert D. Beach,
Chair.
At the request of Senator Beach, unanimous consent being
granted, the bill (S. B. No. 333) contained in the preceding report
from the Committee on Transportation and Infrastructure was taken
up for immediate consideration, read a first time, ordered to
second reading and, under the original double committee reference,
was then referred to the Committee on Finance.
Senator 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. 334, Creating felony offense for animal
fighting ventures involvement.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 334 (originating in the
Committee on the Judiciary)--A Bill to
amend the Code of West Virginia, 1931, as amended, by adding thereto a new section,
designated §61-8-19c, relating to making it a felony to wager at
animal fighting ventures; creating the misdemeanor offense of
conducting, financing, managing, supervising, owning or leasing any
part of an animal fighting venture or the premises on which it
takes place with knowledge that wagering is occurring; and
providing a criminal penalty.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Corey Palumbo,
Chair.
Senator Palumbo, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Com. Sub. for Senate Bill No. 335 (originating in the
Committee on Government Organization), Authorizing certain
municipalities regulate taxis and taxi stands by ordinance.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Com. Sub. for Senate Bill No. 335 (originating
in the Committee on the Judiciary)--A Bill
to amend the Code of
West Virginia, 1931, as amended, by adding thereto a new section,
designated §8-12-5f, relating to authorizing Class I and Class II
municipalities to regulate taxicabs and taxi stands by ordinance.
With the recommendation that the committee substitute for
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. 347, Permitting person to file bond in escrow
with court to cover mechanic's lien.
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,
Jack Yost,
Chair.
At the request of Senator Yost, unanimous consent being
granted, the bill (S. B. No. 347) contained in the preceding report
from the Committee on Labor was taken up for immediate
consideration, read a first time, ordered to second reading and,
under the original double committee reference, was then referred to
the Committee on the Judiciary.
Senator Palumbo, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 359, Exempting certain charitable
organizations from property taxation.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 359 (originating in the
Committee on the Judiciary)--A Bill
to amend and reenact §11-3-9 of
the Code of West Virginia, 1931, as amended, relating to permitting
property used primarily for charitable purposes with youth service
to be leased or generate revenue for the nonprofit organization for
intervals not longer than three weeks and thirteen weeks total per
year to be exempt from taxation.
With the recommendation that the committee substitute do pass;
but under the original double committee reference first be referred
to the Committee on Finance.
Respectfully submitted,
Corey Palumbo,
Chair.
The bill (Com. Sub. for S. B. No. 359), 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. 390, Creating crime relating to invasion of
personal privacy on computer.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 390 (originating in the
Committee on the Judiciary)--A Bill to amend and reenact §61-3C-12 of the Code of West Virginia, 1931, as amended, relating to
adding
web-enabled mobile devices to crime of invasion of privacy by
computer; adding definitions and exceptions; and providing a
criminal penalty.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Corey Palumbo,
Chair.
Senator Stollings, from the Committee on Health and Human
Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under
consideration
Senate Bill No. 407, Incorporating federal health insurance
reforms into insurance code.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 407 (originating in the
Committee on Health and Human Resources)--A Bill to amend and
reenact §33-15-2 of the Code of West Virginia, 1931, as amended; to
amend said code by adding thereto a new article, designated §33-
15F-1, §33-15F-2, §33-15F-3, §33-15F-4, §33-15F-5, §33-15F-6, §33-
15F-7, §33-15F-8, §33-15F-9, §33-15F-10, §33-15F-11 and §33-15F-12;
and to amend and reenact §33-16-1a of said code, all relating to
federal health insurance reforms; incorporating the federal
mandates of the Patient Protection and Affordable Care Act of 2010
and the Health Care and Education Reconciliation Act of 2010; defining terms; granting rule-making authority; preventing health
care insurers from imposing additional charges for certain
preventive benefits; preventing health care insurers from imposing
annual and lifetime benefits limits and providing exceptions;
establishing provisions for provider networks; prohibiting health
care insurers from imposing preexisting condition exclusions for
persons under the age of nineteen; permitting eligibility for
dependent children to the age of twenty-six with conditions; and
establishing review and appeal rights.
And,
Senate Bill No. 408, Creating WV Health Benefit Exchange Act.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 408 (originating in the
Committee on Health and Human Resources)--A Bill
to amend the Code
of West Virginia, 1931, as amended, by adding thereto a new
article, designated §33-16G-1, §33-16G-2, §33-16G-3, §33-16G-4,
§33-16G-5, §33-16G-6, §33-16G-7, §33-16G-8, §33-16G-9 and §33-16G-
10, all relating generally to the health benefit exchange; setting
forth purpose; defining terms; providing for the establishment of
the West Virginia Health Benefit Exchange; establishing the
governing board of directors; providing for membership on the board
of directors; setting forth meeting requirements of the board of
directors; allowing the board of directors to hire an executive
director and appropriate staff; providing for an annual report by
the board of directors; setting forth the functions of the exchange; outlining the board's duties and authority; setting forth
a health benefit plan certification process; authorizing emergency
and legislative rulemaking; establishing a special revenue account;
and authorizing assessment of fees.
With the recommendation that the two committee substitutes do
pass; but under the original double committee references first be
referred to the Committee on Finance.
Respectfully submitted,
Ron Stollings,
Chair.
At the request of Senator Prezioso, as chair of the Committee
on Finance, unanimous consent was granted to dispense with the
second committee reference of Committee Substitute for Senate Bill
No. 407 contained in the foregoing report from the Committee on
Health and Human Resources.
At the request of Senator Stollings, unanimous consent being
granted, Committee Substitute for Senate Bill No. 408 contained in
the preceding report from the Committee on Health and Human
Resources was taken up for immediate consideration, read a first
time, ordered to second reading and, under the original double
committee reference, was then referred to the Committee on Finance.
Senator Plymale, from the Committee on Education, submitted
the following report, which was received:
Your Committee on Education has had under consideration
Senate Bill No. 411, Providing higher education employees'
eligibility for seat in Legislature.
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,
Robert H. Plymale,
Chair.
At the request of Senator Plymale, unanimous consent being
granted, the bill (S. B. No. 411) contained in the preceding report
from the Committee on Education was taken up for immediate
consideration, read a first time, ordered to second reading and,
under the original double committee reference, was then referred to
the Committee on the Judiciary.
Senator 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. 420, Clarifying county commissioners must
reside in district they represent.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 420 (originating in the
Committee on Government Organization)--A Bill
to amend and reenact
§7-1-1b of the Code of West Virginia, 1931, as amended, relating to
residency requirements for county commissioners; and clarifying
that a person reside in the magisterial district for which he or
she is seeking election and from which he or she is appointed or elected.
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.
At the request of Senator Snyder, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 420) contained in the
preceding report from the Committee on Government Organization was
taken up for immediate consideration, read a first time, ordered to
second reading and, under the original double committee reference,
was then referred to the Committee on the Judiciary.
Senator Browning, from the Committee on Economic Development,
submitted the following report, which was received:
Your Committee on Economic Development has had under
consideration
Senate Bill No. 449, Creating Twenty-First Century Business
Technologies Property Valuation Act and Tax Credit Act.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 449 (originating in the
Committee on Economic Development)--A Bill
to amend the Code of
West Virginia, 1931, as amended, by adding thereto a new article,
designated §11-6L-1, §11-6L-2, §11-6L-3, §11-6L-4, §11-6L-5, §11-
6L-6 and §11-6L-7; and to amend said code by adding thereto a new article, designated §11-13BB-1, §11-13BB-2, §11-13BB-3, §11-13BB-4,
§11-13BB-5, §11-13BB-6, §11-13BB-7, §11-13BB-8, §11-13BB-9, §11-
13BB-10, §11-13BB-11, §11-13BB-12, §11-13BB-13, §11-13BB-14, §11-
13BB-15, §11-13BB-16, §11-13BB-17 and §11-13BB-18, all relating
generally to the West Virginia Innovation Free Trade Act of 2011,
consisting of the Twenty-First Century Business Technologies
Property Valuation Act; specifying method for valuation of certain
property; providing for application to county assessors by
specified date; providing procedure for protest and appeal of
determination by county assessor; requiring the West Virginia
Development Office to report to the Joint Committee on Government
and Finance on the economic impact of such valuation beginning in
2016; specifying effective date; consisting of the West Virginia
Twenty-First Century Tax Credit Act and, as to such act, providing
short title; setting forth purpose and legislative findings;
defining terms; allowing credit and exemption from certain taxes;
providing for computation of credit, application of credit and
period for which credit is allowed; requiring application to claim
credit; requiring that new jobs be good-paying jobs with health
benefits; requiring identification of investment credit property
and recomputation of credit in event of premature disposition of
investment property; providing for forfeiture of unused tax credits
and redetermination of credit allowed; imposing recapture tax under
specified circumstances to recover state taxes and property taxes;
allowing transfer of qualified investment to successors; providing
rules for interpretation and construction of act; providing for tax credit review and accountability; specifying effective date; and
providing severability clause.
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,
Richard Browning,
Chair.
At the request of Senator Browning, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 449) contained in the
preceding report from the Committee on Economic Development was
taken up for immediate consideration, read a first time, ordered to
second reading and, under the original double committee reference,
was then referred to the Committee on Finance.
Senator Browning, from the Committee on Economic Development,
submitted the following report, which was received:
Your Committee on Economic Development has had under
consideration
Senate Bill No. 456, Relating to responsibilities of Marketing
and Communications Office of Department of Commerce.
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,
Richard Browning,
Chair.
At the request of Senator Browning, unanimous consent being
granted, the bill (S. B. No. 456) contained in the preceding report
from the Committee on Economic Development was taken up for
immediate consideration, read a first time, ordered to second
reading and, under the original double committee reference, was
then referred to the Committee on Finance.
Senator Beach, from the Committee on Transportation and
Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had
under consideration
Senate Bill No. 470, Creating misdemeanor offense of unlawful
use of wireless communication device for nonvoice communication
while operating motor vehicle.
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,
Robert D. Beach,
Chair.
At the request of Senator Beach, unanimous consent being
granted, the bill (S. B. No. 470) contained in the preceding report
from the Committee on Transportation and Infrastructure was taken
up for immediate consideration, read a first time, ordered to
second reading and, under the original double committee reference,
was then referred to the Committee on the Judiciary.
Senator Minard, from the Committee on Banking and Insurance, submitted the following report, which was received:
Your Committee on Banking and Insurance has had under
consideration
Senate Bill No. 472, Exempting certain vendors of portable
electronics from insurance licensing requirements.
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,
Joseph M. Minard,
Chair.
At the request of Senator Minard, unanimous consent being
granted, the bill (S. B. No. 472) contained in the preceding report
from the Committee on Banking and Insurance was taken up for
immediate consideration, read a first time, ordered to second
reading and, under the original double committee reference, was
then referred to the Committee on the Judiciary, with an amendment
from the Committee on Banking and Insurance pending.
Senator Browning, from the Committee on Economic Development,
submitted the following report, which was received:
Your Committee on Economic Development has had under
consideration
Senate Bill No. 484, Relating to research and development
agreements for state institutions of higher education.
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 Education.
Respectfully submitted,
Richard Browning,
Chair.
At the request of Senator Browning, unanimous consent being
granted, the bill (S. B. No. 484) contained in the preceding report
from the Committee on Economic Development was taken up for
immediate consideration, read a first time, ordered to second
reading and, under the original double committee reference, was
then referred to the Committee on Education.
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. 507, Continuing Broadband Deployment Council.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Herb Snyder,
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. 508, Allowing certain liquor licensees ability to conduct responsible liquor sampling events.
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 Snyder, unanimous consent being
granted, the bill (S. B. No. 508) contained in the preceding report
from the Committee on Government Organization was taken up for
immediate consideration, read a first time, ordered to second
reading and, under the original double committee reference, was
then referred to the Committee on the Judiciary, with an amendment
from the Committee on Government Organization 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 Concurrent Resolution No. 11, Authorizing placement of
statue of Honorable Francis Harrison Pierpont in Independence Hall
in Wheeling.
And reports the same back with the recommendation that it be
adopted.
Respectfully submitted,
Herb Snyder,
Chair.
Senator Beach, from the Committee on Transportation and
Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had
under consideration
Senate Concurrent Resolution No. 20, Requesting DOH name
bridge at I-64, Exit 11, near 16th Street and Hal Greer Boulevard,
"Jeffrey P. Ball Memorial Bridge".
And,
Senate Concurrent Resolution No. 25, Requesting DOH name Route
35 in Putnam and Mason counties, "Fruth-Lanham Highway".
And reports the same back with the recommendation that they
each be adopted.
Respectfully submitted,
Robert D. Beach,
Chair.
The Senate proceeded to the sixth order of business.
On motions for leave, severally made, the following bills were
introduced, read by their titles, and referred to the appropriate
committees:
By Senators K. Facemyer and Minard:
Senate Bill No. 519--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §11-13BB-1, §11-13BB-2, §11-13BB-3, §11-13BB-4, §11-
13BB-5, §11-13BB-6, §11-13BB-7, §11-13BB-8, §11-13BB-9, §11-13BB-
10, §11-13BB-11, §11-13BB-12, §11-13BB-13 and §11-13BB-14; to amend and reenact §22A-1-4 of said code; and to amend and reenact §22A-
11-3 of said code, all relating to providing a tax credit for
purchase of innovative mine safety technology; legislative findings
and purpose; definitions; requirements for list of approved
innovative mine safety technology; amount of tax credit allowed;
criteria for qualified investment; forfeiture of unused tax
credits; treatment for transfer of certified eligible safety
property to successors; setting forth requirements for
identification of investment credit property; prescribing treatment
for failure to keep records of certified eligible safety property;
specifying tax credit review and accountability requirements;
specifying requirement for disclosure of tax credits; authorizing
rules; amending the duties of the Director of the West Virginia
Office of Miners' Health, Safety and Training; amending the duties
of the Mine Safety Technology Task Force; and specifying
termination date.
Referred to the Committee on Energy, Industry and Mining; and
then to the Committee on Finance.
By Senators Browning, Stollings, Unger, Foster, Plymale,
Miller, Minard and Kessler (Acting President):
Senate Bill No. 520--A Bill to amend and reenact §31-15-2 and
§31-15-4 of the Code of West Virginia, 1931, as amended; and to
amend said code by adding thereto a new section, designated §31-15-
12b, all relating to the West Virginia Economic Development
Authority; adding legislative findings; defining terms; and
providing requirements for loan criteria for loans to tourism projects.
Referred to the Committee on Economic Development; and then to
the Committee on Finance.
By Senator Sypolt:
Senate Bill No. 521--A Bill to amend and reenact §55-2-6a of
the Code of West Virginia, 1931, as amended, relating to imposing
a statute of limitations for the bringing of any civil action
derived from the actual surveying of real property more than ten
years after the performance or furnishing of the services.
Referred to the Committee on the Judiciary.
By Senators Boley, Kessler (Acting President), Browning,
Sypolt, Miller, Minard, Tucker, Barnes, Klempa, Yost, Edgell, Hall
and Nohe:
Senate Bill No. 522--A Bill to amend and reenact §16-3-4 of
the Code of West Virginia, 1931, as amended, relating to requiring
parents who object to immunizations on the basis of their beliefs
to provide a written statement to that effect in lieu of
certificates showing proof of immunizations.
Referred to the Committee on Health and Human Resources; and
then to the Committee on Education.
By Senators Klempa, Yost, D. Facemire, Edgell, Unger, Barnes,
Wells, McCabe, Plymale, Miller and Kessler (Acting President):
Senate Bill No. 523--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §11-13BB-1, relating to providing tax credits for
apprenticeship training in construction trades.
Referred to the Committee on Labor; and then to the Committee
on Finance.
By Senator Hall:
Senate Bill No. 524--A Bill to amend and reenact §22A-2A-308
of the Code of West Virginia, 1931, as amended, relating to
operation of diesel equipment in underground coal mines.
Referred to the Committee on Energy, Industry and Mining; and
then to the Committee on the Judiciary.
By Senators Snyder and Unger:
Senate Bill No. 525--A Bill to amend and reenact §29-22C-27 of
the Code of West Virginia, 1931, as amended, relating to use of
lottery funds for purposes of public projects.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senators Stollings, Foster, Jenkins and Kessler (Acting
President):
Senate Bill No. 526--A Bill to amend and reenact §15-2-10 of
the Code of West Virginia, 1931, as amended; and to amend said code
by adding thereto a new section, designated §16-4C-24, all relating
to allowing police, fire and emergency service providers to possess
Naloxone to administer in suspected narcotic drug overdoses.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senators Miller, Wills and Yost:
Senate Bill No. 527--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section, designated §16-2D-5b, relating to development and operation of a
nursing home on the grounds of a critical access hospital meeting
certain restrictions and exemptions from nursing home moratorium
and certificate of need requirements.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senators Yost, Klempa and Kessler (Acting President):
Senate Bill No. 528--A Bill to amend and reenact §18A-4-8b of
the Code of West Virginia, 1931, as amended, relating to allowing
classified workers who are physically unable to perform their job
duties on a temporary or permanent basis to work in another
classification at the discretion of the county board of education
and continue to receive the compensation of the previous employment
position.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senator McCabe:
Senate Bill No. 529--A Bill to amend and reenact §21A-6A-1 of
the Code of West Virginia, 1931, as amended, relating to
circumstances giving rise to state "on" indicators for purposes of
extended unemployment compensation benefits.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senator Unger:
Senate Bill No. 530--A Bill to amend and reenact §29-22C-27 of
the Code of West Virginia, 1931, as amended, relating to clarifying that a certain portion of revenues of racetracks that have lottery
table games be used for public projects in that county or to make
payments on lottery revenue bonds; and clarifying that a certain
portion of those revenues be used for public projects in a county's
municipalities or to make payments on lottery revenue bonds.
Referred to the Committee on Finance.
By Senator Snyder:
Senate Bill No. 531--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §22-1-15a, relating to environmental samples; and
promulgation of rules regarding same.
Referred to the Committee on Energy, Industry and Mining; and
then to the Committee on the Judiciary.
By Senators Palumbo, Foster and Minard:
Senate Bill No. 532--A Bill to amend and reenact §9-7-1, §9-7-
2, §9-7-3, §9-7-4, §9-7-5, §9-7-6 and §9-7-8 of the Code of West
Virginia, 1931, as amended; and to amend said code by adding
thereto three new sections, designated §9-7-3a, §9-7-5a and §9-7-
6a, all relating to human services; the Department of Health and
Human Resources; fraud and abuse in the Medicaid program; powers
and duties of the Medicaid Fraud Control Unit; definitions under
said article; investigation procedures for the Medicaid Fraud
Control Unit; prosecution of crimes in Medicaid; criminal
forfeiture of assets and the costs associated with criminal
forfeiture; venue for crimes committed against Medicaid; limiting
the liability of employees of the Department of Health and Human Resources under article nine, chapter seven of this code; and other
remedies and criminal penalties.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senators Snyder, Unger, McCabe and Miller:
Senate Bill No. 533--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §7-20-7a; and to amend said code by adding thereto a new
section, designated §24-2-1k, all relating to preservation of
affordable housing in counties with county impact fees.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
Senators Browning, Green, Yost and Klempa offered the
following resolution:
Senate Concurrent Resolution No. 33--Requesting the Division
of Highways to name bridge number 26.69, on Route 16, in Wyoming
County, the "Justin Lane Haga Janes and Matthew Robert Wrenn
Memorial Bridge".
Whereas, Justin Lane Haga Janes was born October 29, 1987; and
Whereas, Justin Lane Haga Janes was an active member of the
Mullens Church of God including the Youth Group; and
Whereas, Justin Lane Haga Janes graduated from Oak Hill High
School in 2006; and
Whereas, Matthew Robert Wrenn was born November 22, 1989; and
Whereas, Matthew Robert Wrenn was an active member of the
Mullens Church of God including the Youth Group; and
Whereas, Matthew Robert Wrenn was a Senior at Wyoming East
High School and was a student at Technical Center enrolled in
carpentry; and
Whereas, Justin Lane Haga Janes and Matthew Robert Wrenn
enjoyed hunting, riding ATVs, camping and cooking; and
Whereas, Justin Lane Haga Janes and Matthew Robert Wrenn often
went to New Richmond Rest Home and Mullens Manor to help with the
residents; and
Whereas, Justin Lane Haga Janes and Matthew Robert Wrenn
started mowing grass and shoveling snow at a young age, letting
people pay what they wanted and doing it for free for those who
could not afford to pay anything; and
Whereas, Justin Lane Haga Janes and Matthew Robert Wrenn built
a cabin out of logs that they cut themselves and stayed there on
weekends, but came home early on Sunday morning in time for church;
and
Whereas, Sadly, Justin Lane Haga Janes and Matthew Robert
Wrenn left this earth on November 26, 2007, and November 27, 2007,
after succumbing to injuries from an automobile accident; and
Whereas, Justin Lane Haga Janes and Matthew Robert Wrenn left
behind their loving families and a host of friends; and
Whereas, It is fitting, to honor Justin Lane Haga Janes and
Matthew Robert Wrenn, by naming this bridge in their memory;
therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways to name bridge number 26.69, on Route 16, in Wyoming County, the
"Justin Lane Haga Janes and Matthew Robert Wrenn Memorial Bridge";
and, be it
Further Resolved, That the Division of Highways is hereby
requested to have made and be placed signs identifying the bridge
as the "Justin Lane Haga Janes and Matthew Robert Wrenn Memorial
Bridge"; and, be it
Further Resolved, That the Clerk of the Senate is hereby
directed to forward a copy of this resolution to the Secretary of
the Department of Transportation and the families of Justin Lane
Haga Janes and Matthew Robert Wrenn.
Which, under the rules, lies over one day.
Senators Barnes, Laird, Helmick, Wells, Unger, Foster,
Jenkins, McCabe, Stollings, Plymale, Green, Minard, Yost, Klempa,
Beach, Sypolt and Kessler (Acting President) offered the following
resolution:
Senate Resolution No. 27--Recognizing the Order of the Arrow,
Boy Scouts of America.
Whereas, Founded at Treasure Island Scout Camp in 1915, the
Order of the Arrow is the national honor society of the Boy Scouts
of America and is dedicated to recognizing youth leaders in the Boy
Scouts of America while providing cheerful servant leadership; and
Whereas, West Virginia is home to numerous Lodges of the Order
of the Arrow, as well as the forthcoming national high adventure
base, the Summit Bechtel Family National Scout Reserve; and
Whereas, Section C4B of the Order of the Arrow is comprised of Lodges across southern West Virginia and southeastern Ohio; and
Whereas, Section C4B, under the direction of Section Chief S.
Colin Shock, of Morgantown, will host its annual conclave from May
13-15, 2011, at Buckskin Scout Reservation in Dunmore, West
Virginia, providing opportunities for training and fellowship to
Scouts and Scouters; and
Whereas, The Order of the Arrow, in conjunction with the
United States Forest Service, and with assistance from the National
Guard, will host SummitCorps, a national service project in the New
River Gorge National River; and
Whereas, The SummitCorps program will bring approximately
2,000 Arrowmen from across the nation to Fayette County, West
Virginia; therefore, be it
Resolved by the Senate:
That the Senate recognizes the Order of the Arrow, Boy Scouts
of America; and, be it
Further Resolved, That the Senate hereby recognizes the Order
of the Arrow for its continued contributions to the State of West
Virginia; and, be it
Further Resolved, That the Senate wishes to express its strong
support for the mission of the Order of the Arrow; and, be it
Further Resolved, That the Clerk is hereby directed to forward
copies of this resolution to the Section C4B Council of Chiefs and
the Order of the Arrow National Office.
At the request of Senator Barnes, unanimous consent being
granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.
On motion of Senator Unger, the Senate recessed for one
minute.
Upon expiration of the recess, the Senate reconvened and
proceeded to the seventh order of business.
Senate Concurrent Resolution No. 32, Requesting DOH name
bridge on U. S. Route 60 in Gauley Bridge "Sgt. Scott Angel
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. 61, Relating generally to
juvenile drug courts.
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. 61) 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. 219, Relating to
maintaining solvency of Unemployment Compensation Fund.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning,
Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe,
Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Wells, 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. 219) 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. Com. Sub. for S. B. No. 219) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 329, Updating provisions of sales and use
tax.
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: Beach, Boley,
Browning, Chafin, Edgell, D. Facemire, Fanning, Foster, Green,
Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe,
Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker,
Unger, Wells, Williams, Wills, Yost and Kessler (Acting
President)--30.
The nays were: Barnes, K. Facemyer and Hall--3.
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. 329) passed.
The following amendment to the title of the bill, from the
Committee on Finance, was reported by the Clerk and adopted:
Eng. Senate Bill No. 329--A Bill to amend and reenact §11-15B-
2, §11-15B-2a, §11-15B-24 and §11-15B-32 of the Code of West
Virginia, 1931, as amended, all relating to the administration of sales and use tax generally; adding new definitions; clarifying
present definitions; incorporating changes to the Streamlined Sales
and Use Tax Agreement; adding "computer software maintenance
contract" as a Streamlined Sales and Use Tax Agreement defined
term; relieving seller of tax liability in certain instances; and
providing new effective dates.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 331, Correcting invalid code reference in
definition of "eligible taxpayer".
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. S. B. No. 331) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 371, Updating list of jurisdictions identified as tax havens.
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. S. B. No. 371) 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. 371) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 375, Authorizing Higher Education Policy
Commission collect and disseminate information concerning higher
education institutions.
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. S. B. No. 375) 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. 375) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Senate Bill No. 439, Clarifying that filing
of manufactured housing complaint with state regulatory board is
prerequisite for lawsuit.
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. 439) 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. Com. Sub. for S. B. No. 439) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. House Bill No. 2475, Including certain records of the
Division of Juvenile Services in the exemptions from disclosure
under the Freedom of Information Act.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
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. H. B. No. 2475) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
The Senate proceeded to the ninth order of business.
Senate Bill No. 304, Providing alternative means for initial
purchaser of junked vehicles to notify DMV.
On second reading, coming up in regular order, was read a
second time.
The following amendments to the bill, from the Committee on
Transportation and Infrastructure, were reported by the Clerk,
considered simultaneously, and adopted:
On page five, section ten, line eighty-seven, by striking out
the word "twenty" and inserting in lieu thereof the word "forty-
five";
And,
On page six, section ten, line ninety-three, by striking out
the word "twenty" and inserting in lieu thereof the word "forty-
five".
The bill (S. B. No. 304), as amended, was then ordered to
engrossment and third reading.
The Senate proceeded to the tenth order of business.
The following bills on first reading, coming up in regular
order, were each read a first time and ordered to second reading:
Com. Sub. for Com. Sub. for Senate Bill No. 227, Relating to
Creative Communities Development Pilot Program.
Com. Sub. for Senate Bill No. 234, Revising Municipal Economic
Opportunity Development District Act.
Com. Sub. for Senate Bill No. 235, Revising County Economic
Opportunity Development District Act.
Com. Sub. for Senate Bill No. 357, Relating to reporting
beaver and river otter taken, tagged and checked.
Senate Bill No. 358, Authorizing electronic registration of
wildlife.
And,
Com. Sub. for Senate Bill No. 382, Specifying activities
entitling certain members of National Guard or reserve to leave of
absence.
The Senate proceeded to the thirteenth order of business.
At the respective requests of Senators Beach and Barnes,
unanimous consent being granted, it was ordered that the Journal
show had Senators Beach and Barnes been present in the chamber on
yesterday, Tuesday, February 15, 2011, they would have voted "yea"
on the passage of Engrossed Committee Substitute for Senate Bill
No. 303, Engrossed Senate Bill No. 376, Engrossed Senate Bill No.
413, Engrossed Committee Substitute for Senate Bill No. 464 and
Engrossed Committee Substitute for House Bill No. 2696.
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, Thursday, February 17, 2011, at 11 a.m.
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