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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§3-4-27, §3-4-28, §3-4-29, §3-4-30, §3-4-31 and §3-4-32 of the Code of West Virginia, 1931, as amended, all relating to outdated and obsolete sections concerning voting machines in general no longer approved for use in elections.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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