sdj-37th day
WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
EIGHTIETH LEGISLATURE
REGULAR SESSION, 2011
THIRTY-SEVENTH DAY
____________
Charleston, W. Va., Thursday, February 17, 2011
The Senate met at 11 a.m.
(Senator Kessler, Acting President, in the Chair.)
Prayer was offered by the Reverend Fairley McCormick,
Charleston Mountain Mission, Charleston, West Virginia.
Pending the reading of the Journal of Wednesday, February 16,
2011,
On motion of Senator K. Facemyer, 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.
At the request of Senator Unger, and by unanimous consent, the
provisions of rule number fifty-four of the Rules of the Senate,
relating to persons entitled to the privileges of the floor, were
suspended in order to grant Kinsley Rhea Facemyer, granddaughter of
the Honorable Karen L. Facemyer, a senator from the fourth
district, privileges of the floor for the day.
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. 2164--A Bill to repeal §11-1C-5b of the
Code of West Virginia, 1931, as amended; to repeal §18-9A-2a of
said code; and to amend and reenact §18-9A-2 and §18-9A-11 of said
code, all relating to public school support computation of local
share; removing provisions for using assumed assessed values for
the purpose of computation; removing provisions for increasing
counties' local share responsibility for funding basic foundation
education formula when property assessments are not at least fifty-
four percent of market value as indicated by assessment ratio
study; revising definitions; and making legislative findings with
respect to the effect of under assessed property values on school
funding and the obligations of assessors and Tax Commissioner.
Referred to the Committee on Education; and then to the
Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 2533--A Bill to amend and
reenact §3-5-23 of the Code of West Virginia, 1931, as amended,
relating to nomination certificates for candidates for public
office; requiring the identities of signatories to a nominating
certificate for a person seeking ballot access to be made public;
requiring the investigation of the validity of signatures; and the
verification of signatures by the Secretary of State if the office
covers more than one county.
Referred to the Committee on Government Organization; and then
to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect from passage, and
requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 2709--A Bill to amend and
reenact §18-5-9a of the Code of West Virginia, 1931, as amended,
relating to lease purchase contracts for energy saving measures and
energy-saving contracts entered into by county boards; and allowing
these contracts to have a term of up to fifteen years.
Referred to the Committee on Education.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 2949--A Bill to repeal
§11-6I-1, §11-6I-2, §11-6I-3, §11-6I-4, §11-6I-5, §11-6I-6,
§11-6I-7, §11-6I-8, §11-6I-9, §11-6I-10 and §11-6I-11 of the Code
of West Virginia, 1931, as amended; and to amend and reenact
§11-21-21, §11-21-23, and §11-21-24 of said code, all relating to
providing property tax relief to taxpayers generally; providing
definitions of "low income" for purposes of property tax relief
programs; allowing only "low income" taxpayers to receive the tax
credit benefits of property tax relief programs; allowing those
eligible for the homestead exemption to take both the senior
citizens' tax credit for property tax paid on the first $20,000 of
taxable assessed value of a homestead and the refundable tax credit for real property taxes paid in excess of four percent of gross
household income; repealing the Senior Citizen Property Tax Payment
Deferment Act; and eliminating the alternative low income property
tax increment refundable credit program.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 3021--A Bill to amend and
reenact §16-42-3, §16-42-5 and §16-42-7 of the Code of West
Virginia, 1931, as amended, all relating to the Comprehensive
Behavioral Health Commission; adding two members to the
Comprehensive Behavioral Health Commission; providing that if two
specific members designate another person to serve in his or her
place, those designees are non-voting members; requiring a
chairperson be selected by the commission members; permitting a
chairperson to serve no more than two consecutive years; adding
another member to the advisory board to the commission; permitting
members who are on the board on July 1, 2011 to continue to serve;
requiring yearly reports to the Governor and Legislature; and
extending the life of the commission by another four years to 2015.
Referred to the Committee on Health and Human Resources; and
then to the Committee on Government Organization.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 3028--A Bill to amend and
reenact §48-25A-1, §48-25A-2 and §48-25A-3 of the Code of West
Virginia, 1931, as amended, all relating to expanding the
responsibilities of the Maternal Mortality Review Team to include
infant mortality reviews; and renaming it the Infant and Maternal
Mortality Review Team.
Referred to the Committee on Health and Human Resources; and
then to the Committee on Government Organization.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect from passage, and
requested the concurrence of the Senate in the passage of
Eng. House Bill No. 3115--A Bill making supplementary
appropriation of public moneys out of the Treasury from the balance
of moneys remaining as an unappropriated surplus balance in the
State Fund, General Revenue, to the State Department of Education -
State Aid to Schools, fund 0317, fiscal year 2011, organization
0402, by supplementing and amending the appropriations for the
fiscal year ending June 30, 2011.
Referred to the Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. House Bill No. 3116--A Bill to amend and reenact §18-5A-6
of the Code of West Virginia, 1931, as amended, relating to the
authority of school curriculum teams and local school collaborative processes with respect to selection and use of testing and
assessment instruments not required by statute or state board when
certain conditions are met; providing purposes of section;
clarifying duties and removing conflicting language; specific
exceptions; providing discretionary use of certain assessments,
instructional strategies and programs for certain teams when
certain conditions are met; vesting powers and duties of curriculum
teams with certain collaborative processes if formed; and
authorizing collaborative process to incorporate functions of other
committees required by rule eliminate the committees at the school.
Referred to the Committee on Education; and then to the
Committee on Finance.
A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption of
House Concurrent Resolution No. 79--Requesting that bridge
number 8-4/5-2.95 over the Elk River on County Route 4/5 in Clay
County, West Virginia be named the "PFC Abraham G. Sams Memorial
Bridge".
Referred to the Committee on Transportation and
Infrastructure.
The Senate proceeded to the fourth order of business.
Senator Palumbo, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 193, Relating to law-enforcement certification generally.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 193 (originating in the
Committee on the Judiciary)--A Bill to amend and reenact §30-29-1,
§30-29-2, §30-29-3 and §30-29-5 of the Code of West Virginia, 1931,
as amended, all relating to certifying law-enforcement officers
generally; expanding the responsibilities of the law-enforcement
training subcommittee and renaming it the law-enforcement
professional standards subcommittee; clarifying the authority to
decertify or reactivate a law-enforcement officer's certification;
adding the West Virginia Troopers Association to the subcommittee
membership; expanding duties of the Governor's committee and the
subcommittee; separating from a law-enforcement agency results in
an officer's certification becoming inactive; reactivating a law-
enforcement officer's certification by the subcommittee, if acting
as the Governor's committee's designee; providing a procedure to
have an officer's certification reactivated; rehiring of officer
reactivated not required; and providing for immunity from civil
liability.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Corey Palumbo,
Chair.
Senator Prezioso, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Com. Sub. for Senate Bill No. 241, Relating to Division of
Tourism and Tourism Commission.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
Senator Prezioso, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Com. Sub. for Senate Bill No. 247, Exempting certain
construction contractor purchases from consumers sales, service and
use tax.
And,
Com. Sub. for Senate Bill No. 263, Relating to special plates
for testing of vehicles operated by certain nonprofit corporations.
And reports the same back with the recommendation that they
each do pass.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
Senator Green, from the Committee on Energy, Industry and
Mining, submitted the following report, which was received:
Your Committee on Energy, Industry and Mining has had under
consideration
Senate Bill No. 272, Relating to WV Tax Increment Financing
Act.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 272 (originating in the
Committee on Energy, Industry and Mining)--A Bill to amend and
reenact §7-11B-3, §7-11B-4, §7-11B-7, §7-11B-8, §7-11B-9, §7-11B-
10, §7-11B-17 and §7-11B-22 of the Code of West Virginia, 1931, as
amended, all relating to the West Virginia Tax Increment Financing
Act; clarifying exclusions to the definition of "base-assessed
value"; revising definitions relating to governing bodies of
counties and municipalities; adding definition for "municipality";
adding provisions which allow the funding of improvements to
terrain, capital improvements and the acquisition and installation
of equipment for ski resorts as an authorized project and project
cost; adding remediation of property to definition of "development
or redevelopment project"; redefining "project costs" to include
remediation costs for landfills, former coal or other mining sites,
solid waste facilities or hazardous waste sites; defining
"remediation"; requiring the Director of the Development Office to
provide the Legislature with an itemized list of applications
seeking approval of development and redevelopment districts along
with a status explanation of applications on dates certain;
clarifying municipalities' power to utilize tax increment financing
and to finance project costs by other means; requiring county
commissions and municipalities to send descriptions of development districts and project plans to local levying bodies prior to
issuing a notice; clarifying that municipalities are not required
to seek approval when amending project plans if the project is not
enlarged or the total amount of indebtedness increased; providing
that development or redevelopment districts shall not be terminated
so long as tax increment financing obligations remain outstanding;
clarifying the time when bonds may be refunded or refinanced and
when refunding bonds may be issued in principal amounts; and
providing technical corrections.
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,
Mike Green,
Chair.
The bill (Com. Sub. for S. B. No. 272), under the original
double committee reference, was then referred to the Committee on
Finance.
Senator Snyder, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
Senate Bill No. 277, Limiting amount property reappraisal can
increase over previous amount.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 277 (originating in the
Committee on Government Organization)--A Bill to amend and reenact
§11-1C-9 of the Code of West Virginia, 1931, as amended; and to
amend and reenact §11-3-1 of said code, all relating to limiting
the amount a property reappraisal can increase over the previous
amount; and clarifying the limitation does not apply to natural
resources property.
Senate Bill No. 432, Reconfiguring sheriffs' salaries;
eliminating commission based on tax collection.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 432 (originating in the
Committee on Government Organization)--A Bill to amend and reenact
§11A-1-17 of the Code of West Virginia, 1931, as amended, relating
to a reconfiguration of sheriffs' salaries to incorporate pay that
was previously given as a separate payment.
And,
Senate Bill No. 462, Creating The Prompt Pay Act of 2011.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 462 (originating in the
Committee on Government Organization)--A Bill to amend the Code of
West Virginia, 1931, as amended, by adding thereto a new section,
designated §12-3-5a, relating to creating the Prompt Pay Act of
2011; requiring invoices to state agencies be paid within sixty
days; clarifying when invoices are considered received by a state agency; providing exceptions to three specific agencies whose
invoices must be processed within fifteen days; requiring interest
be paid on invoices not paid within the prescribed time period;
providing exceptions for contested invoices; providing that no
agency owes another agency interest on an unpaid invoice; defining
the term "state agency"; and clarifying what invoices are subject
to this section.
With the recommendation that the three committee substitutes
do pass; but under the original double committee references first
be referred to the Committee on Finance.
Respectfully submitted,
Herb Snyder,
Chair.
At the request of Senator Snyder, unanimous consent being
granted, the bills (Com. Sub. for S. B. Nos. 277, 432 and 462)
contained in the preceding report from the Committee on Government
Organization were each taken up for immediate consideration, read
a first time, ordered to second reading and, under the original
double committee references, were then referred to the Committee on
Finance.
Senator Green, from the Committee on Energy, Industry and
Mining, submitted the following report, which was received:
Your Committee on Energy, Industry and Mining has had under
consideration
Senate Bill No. 292, Authorizing DEP promulgate legislative
rule relating to surface mining reclamation.
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,
Mike Green,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on the Judiciary, with an amendment
from the Committee on the Judiciary pending.
Senator Snyder, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
Senate Bill No. 388, Allowing fire chief appoint member to
serve as designee on property safety enforcement agency.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 388 (originating in the
Committee on Government Organization)--A Bill to amend and reenact
§7-1-3ff of the Code of West Virginia, 1931, as amended, relating
to allowing a fire chief from a county fire company to appoint a
member of the chief's fire company to serve as the chief's designee
on a property safety enforcement agency.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Herb Snyder,
Chair.
Senator Palumbo, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 392, Changing definition of "accredited
thoroughbred horse".
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,
Corey Palumbo,
Chair.
At the request of Senator Palumbo, unanimous consent being
granted, the bill (S. B. No. 392) contained in the preceding report
from the Committee on the Judiciary was taken up for immediate
consideration, read a first time, ordered to second reading and,
under the original double committee reference, was then referred to
the Committee on Finance.
Senator 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. 448, Determining credit for utility taxpayers
with net operating loss carryovers.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 448 (originating in the
Committee on the Judiciary)--A Bill to amend and reenact §11-24-11b
of the Code of West Virginia, 1931, as amended, relating to the
corporation net income tax; updating terms; amending credit for
utility taxpayers with net operating loss carryovers; and providing
a different procedure for determining the credit.
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. 448), under the original
double committee reference, was then referred to the Committee on
Finance.
Senator Laird, from the Committee on Natural Resources,
submitted the following report, which was received:
Your Committee on Natural Resources has had under
consideration
Senate Bill No. 458, Updating Logging Sediment Control Act.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 458 (originating in the
Committee on Natural Resources)--A Bill to amend and reenact §19-
1B-3, §19-1B-4, §19-1B-5, §19-1B-7, §19-1B-11 and §19-1B-12a of the
Code of West Virginia, 1931, as amended, all relating to updating the Logging Sediment Control Act; increasing licensure and
certification fees; requiring the Division of Forestry to report
certain information to the Tax Commissioner on a monthly basis;
requiring the Director of the Division of Forestry to notify the
Director of the Division of Water and Waste Management of the
Department of Environmental Protection of licensure suspension or
revocation within thirty days; establishing renewal of licensure
and certification on a biennial basis; permitting the director the
discretion to immediately suspend a timbering operator or
operation, or any part of a timbering operation, in any part of the
state; and requiring the Director of the Division of Forestry to
convene a committee to review best management practices at least
every five years.
And,
Senate Bill No. 460, Authorizing Division of Forestry
establish practices and procedures to address law-enforcement
requirements of division.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 460 (originating in the
Committee on Natural Resources)--A Bill to amend and reenact
§15-10-3 of the Code of West Virginia, 1931, as amended; to amend
and reenact §19-1A-4 of said code; and to amend and reenact §20-7-1
of said code, all relating to clarifying that Division of Forestry
natural resources police officers are under the control and
direction of the Director of the Division of Forestry; permitting the director to enter into memorandums of understanding with other
law-enforcement agencies; and clarifying the duties of the
director.
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,
William R. Laird IV,
Chair.
At the request of Senator Laird, unanimous consent being
granted, Committee Substitute for Senate Bill No. 458 contained in
the preceding report from the Committee on Natural 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.
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. 460 contained in the foregoing report from the Committee on
Natural Resources.
Senator Green, from the Committee on Energy, Industry and
Mining, submitted the following report, which was received:
Your Committee on Energy, Industry and Mining has had under
consideration
Senate Bill No. 465, Creating Marcellus Gas and Manufacturing
Development Act.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 465 (originating in the
Committee on Energy, Industry and Mining)--A Bill to amend the Code
of West Virginia, 1931, as amended, by adding thereto a new
article, designated §5B-2H-1 and §5B-2H-2; to amend said code by
adding thereto a new section, designated §11-1C-11c; to amend and
reenact §11-6D-1, §11-6D-2, §11-6D-3, §11-6D-4, §11-6D-5, §11-6D-6,
§11-6D-7 and §11-6D-8 of said code; to amend said code by adding
thereto a new section, designated §11-6D-9; to amend and reenact
§11-6F-2 and §11-6F-3 of said code; to amend said code by adding
thereto a new section, designated §11-13A-5b; to amend and reenact
§11-13R-3 of said code; to amend and reenact §11-13S-3 of said
code; to amend and reenact §11-15-8d of said code; and to amend and
reenact §24-2F-3 of said code, all relating generally to the
Marcellus Gas and Manufacturing Development Act of 2011; providing
short title; making legislative findings and declarations; amending
and reinstating alternative fuel motor vehicle tax credit;
providing credit for alternative fuel refueling facilities; making
legislative findings; stating legislative purpose; defining terms;
allowing credit for purchase of alternative fuel motor vehicles,
conversion of vehicles to alternative fuel motor vehicles and for
commercial and residential alternative fuel refueling facilities;
providing for expiration of credits; requiring Tax Commissioner to
promulgate rules and design forms; providing for carryover of
unused credits and for recapture of credits; amending definition of "manufacturing" for purposes of special method for appraising
qualified capital additions to manufacturing facilities for
property tax purposes; providing new rules for treatment of
certified capital addition property; setting baseline for oil and
gas severance tax collections; providing for excess distribution
and deposit of excess collections; amending definition of "research
and development" for purposes of strategic research and development
tax credit; amending definition of "manufacturing" for purposes of
manufacturing investment tax credit; providing additional exception
to limitation on right to assert sales and use tax exemptions; and
clarifying meaning of "natural gas" for purposes of Alternative and
Renewable Energy Portfolio Standard Act.
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,
Mike Green,
Chair.
At the request of Senator Green, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 465) contained in the
preceding report from the Committee on Energy, Industry and Mining
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 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. 488, Relating to AIDS-Related Medical Testing
and Records Confidentiality Act.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 488 (originating in the
Committee on Health and Human Resources)--A Bill to repeal §16-3C-7
of the Code of West Virginia, 1931, as amended; and to amend and
reenact §16-3C-1, §16-3C-2 and §16-3C-3 of said code, all relating
to repealing the authority of the Department of Corrections to
conduct AIDS-related study; providing for AIDS-related testing and
confidentiality of records; providing definitions; who may request
testing; confidentiality of records; and providing when disclosure
is permitted.
With the recommendation that the committee substitute do pass;
but under the original double committee reference first be referred
to the Committee on the Judiciary.
Respectfully submitted,
Ron Stollings,
Chair.
At the request of Senator Stollings, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 488) contained in the
preceding report from the Committee on Health and Human Resources
was taken up for immediate consideration, read a first time,
ordered to second reading and, under the original double committee reference, was then referred to the Committee on the Judiciary.
Senator 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. 493, Exempting DHHR motor vehicles from PSC
jurisdiction when used solely to transport Medicaid clients.
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,
Ron Stollings,
Chair.
At the request of Senator Stollings, unanimous consent being
granted, the bill (S. B. No. 493) contained in the preceding report
from the Committee on Health and Human Resources was taken up for
immediate consideration, read a first time, ordered to second
reading and, under the original double committee reference, was
then referred to the Committee on the Judiciary.
Senator Prezioso, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Eng. House Bill No. 2556, Resetting the expiration date of
provisions that allow the employment of retired teachers as
substitutes beyond the post-retirement employment limit.
With an amendment from the Committee on Education pending;
And reports the same back with the recommendation that it do
pass as amended by the Committee on Education to which the bill was
first referred.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
The Senate then 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 Hall and Wells:
Senate Bill No. 534--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §22A-8-10, relating to mandatory drug testing of coal
miners; establishing the date when the required testing programs
must be in place; setting forth the consequences if a miner has had
his or her mining certificate revoked by another state; identifying
the minimum drugs to be tested for; testing to be done at the
state's expense; requirements for recordkeeping; and authority for
rulemaking.
Referred to the Committee on Labor; and then to the Committee
on the Judiciary.
By Senators Klempa, Yost, Unger, Wells, Nohe, Boley and Green:
Senate Bill No. 535--A Bill to amend and reenact §17B-2-1 of
the Code of West Virginia, 1931, as amended, relating to issuance
of driver's license; and providing that licenses issued under this section may contain information designating the licensee as a
person who is an honorably discharged veteran of any branch of the
armed forces of the United States in accordance with criteria
established by the division if the licensee requests this
information on the license.
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on Finance.
By Senators Hall and K. Facemyer:
Senate Bill No. 536--A Bill to amend and reenact §11B-2-20 of
the Code of West Virginia, 1931, as amended, relating to the State
Budget Office; permissible expenditures from the Revenue Shortfall
Reserve Fund; and requiring the first $80 million of the current
fiscal year's surplus be submitted to the Division of Highways and
used for the sole purpose of completing Route 35.
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on Finance.
By Senators Klempa, Yost and Browning:
Senate Bill No. 537--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 and §11-13BB-3, all relating to
creating a tax credit for businesses that properly compost trash
and unused food rather than use the normal means of dumping trash
and unused food into a noncomposting dumpster.
Referred to the Committee on Economic Development; and then to
the Committee on Finance.
By Senators Plymale, Jenkins, Foster and Browning:
Senate Bill No. 538--A Bill to amend and reenact §18B-3D-5 of
the Code of West Virginia, 1931, as amended; and to amend said code
by adding thereto a new section, designated §18B-3D-6, all relating
to establishing the Learn and Earn Cooperative Education Program;
authorizing expenditure of certain funds; defining eligibility to
receive funding; setting terms for required cash match; and
requiring legislative and emergency rules.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senator Unger:
Senate Bill No. 539--A Bill to amend and reenact §8-14-6 of
the Code of West Virginia, 1931, as amended, relating to applying
the provisions of said code regarding reinstatement of noncivil
service chiefs and deputy chiefs to Class III and Class IV
municipalities in addition to Class I and Class II.
Referred to the Committee on Government Organization.
By Senator Unger:
Senate Bill No. 540--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §19-33-1, §19-33-2, §19-33-3, §19-33-4, §19-33-5 and
§19-33-6, all relating to the Equine Early Intervention and
Protection Act; definitions; licensing of equine facilities;
inspections; legislative rules; and penalties.
Referred to the Committee on the Judiciary.
By Senator McCabe:
Senate Bill No. 541--A Bill to amend and reenact §11-24-13f of the Code of West Virginia, 1931, as amended, relating to taxation;
and providing for clarification of the entities to be included in
a water's-edge group for corporation net income tax purposes.
Referred to the Committee on Economic Development; and then to
the Committee on Finance.
By Senators Yost, Fanning, Klempa and Kessler (Acting
President):
Senate Bill No. 542--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §8-15B-1, §8-15B-2, §8-15B-3, §8-15B-4 and §8-15B-5, all
relating to meeting and conference rights for members of fire
departments employed by political subdivisions; providing for the
right of self organization; allowing designation of an exclusive
representative agent; imposing a duty to meet and confer with
employees; allowing deduction of employee organization dues and
assessments; providing for compulsory arbitration of disputes;
listing prohibited acts; allowing hearing before Civil Service
Commission; providing judicial review; specifying powers and duties
of the Civil Service Commission; and allowing injunctive relief.
Referred to the Committee on Government Organization; and then
to the Committee on the Judiciary.
Senators D. Facemire, Minard, Klempa and Yost offered the
following resolution:
Senate Concurrent Resolution No. 34--Requesting the Division
of Highways to name bridge number 21-79-95.73 on I-79 in Weston,
West Virginia, the "Colonel James E. Hiteshew Memorial Bridge".
Whereas, James Edward Hiteshew was born October 8, 1930, in
Weston, West Virginia, the son of Olive and John Hiteshew; and
Whereas, He attended a two-room country school for the first
six grades and then went to Weston Junior High School and Weston
High School; and
Whereas, While in school, he participated in various
activities. He was president of the senior class and captain of the
football team and an all-conference and second team all-state
football guard his senior year of high school; and
Whereas, After graduation from high school in 1948, he
attended Glenville College, West Virginia Wesleyan College and the
United States Coast Guard Academy before entering the Air Force as
an aviation cadet in 1952; and
Whereas, He received his wings and commission in September
1953 and then after completing gunnery school at Luke Air Force
Base (AFB) Arizona, he was assigned to the 405th Fighter Bomber
Group at Langley Air Force Base (AFB), Virginia and several other
assignments throughout the United States and abroad; and
Whereas, Colonel Hiteshew departed for Southeast Asia on
September 18, 1966 and was stationed at Takhli Air Base; and
Whereas, He was flying over Vinh Phu province on his 75th
mission when his F-105 Thunderchief was shot down on March 11, 1967
and he was captured; and
Whereas, Colonel Hiteshew's emergency beepers had been heard
and his parachute was observed, but immediate rescue in hostile
territory proved impossible; and
Whereas, While a prisoner of war in North Vietnam Colonel
Hiteshew lived for six years in a twelve-foot cell, was repeatedly
beaten by his captures and tied to a post so villagers could pelt
him with rocks; and
Whereas, He utilized tapped codes to stay in touch with other
prisoners during his six year stay before being repatriated with
other POWs on March 4, 1973; and
Whereas, During Vietnam POW's reunion in 1996, he recalled
that he suffered a broken right arm, a broken left elbow, a badly
fractured right leg and a broken left leg after he ejected from his
aircraft; and
Whereas, Colonel Hiteshew retired from the Air Force in 1979;
and
Whereas, After retirement from the Air Force, Colonel Hiteshew
started the Air Force Junior ROTC Detachment at Eastern Wayne High
School in Goldsboro, North Carolina where his unique teaching style
and quick wit developed his detachment into one of the "showcase"
detachments in the Southeast region of the United States; and
Whereas, Colonel Hiteshew bravely earned the decorations of
two Silver Stars, the Legion of Merit, two Distinguished Flying
Crosses, two Bronze Star Medals, two Purple Hearts and the
Meritorious Service Medal; and
Whereas, Colonel Hiteshew passed away on February 7, 2006; and
Whereas, Colonel James Edward Hiteshew was married to Wilma
"Billie" Coarathers Hiteshew, was father to Michael Dave and Susan
Jeanne Davis and grandfather of Michael James Davis and David Ryan Davis; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name
bridge number 21-79-95.73 on I-79 in Weston, West Virginia, the
"Colonel James E. Hiteshew Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways is requested
to have made and be placed signs identifying the bridge as the
"Colonel James E. Hiteshew 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 family of
James E. Hiteshew and the Secretary of the Department of
Transportation.
Which, under the rules, lies over one day.
Senators D. Facemire, Minard, Klempa and Yost offered the
following resolution:
Senate Concurrent Resolution No. 35--Requesting the Division
of Highways to name the bridge on County Rt. 23, near Walkersville
in Lewis County, bridge number 21-23/-8.17, as the "SP4 Loyd Eugene
Robinson Memorial Bridge".
Whereas, SP4 Loyd Eugene Robinson was born on February 17,
1950, near Roanoke in Lewis County, died on June 11, 1971 in Binh
Dhin, South Viet Nam by hostile fire and was a member of the elite
group of special forces, C Co, 75th Infantry, 173rd Airborne, BDE
Rangers; and
Whereas, SP4 Loyd Eugene Robinson attended schools in Lewis
County throughout his youth, graduating from Lewis County High School in the class of 1969, where he competed and lettered in
track and wrestling; and
Whereas, SP4 Loyd Eugene Robinson sought to follow the example
of his five older brothers, Tom, Roy, Branty, Jim and Roscoe and
became a member of the Armed Forces, performing his duty for
country and home by serving in the Army of the United States,
earning the rank of Specialist Four; and
Whereas, SP4 Loyd Eugene Robinson, was the recipient of the
honorable ARMY COMMENDATION MEDAL for the performance of
exceptionally meritorious service in Vietnam from November 1970 to
June 1971; and
Whereas, SP4 Loyd Eugene Robinson, was awarded the PURPLE
HEART by the President of the United States for wounds received in
action; and
Whereas, SP4 Loyd Eugene Robinson, was a kind and giving young
man who loved his family, his community, his school and his nation;
and
Whereas, SP4 Loyd Eugene Robinson, ultimately gave his rich,
young life in the performance of his duty to country during which
the Secretary of the Army describes him as displaying outstanding
professional competence and devotion to duty and as reflecting
great credit upon himself, his unit and the military service; and
Whereas, It is fitting to honor SP4 Loyd Eugene Robinson for
his service and for the gift of his young, exemplary life in the
service of this nation; and
Whereas, The naming of a bridge in honor of SP4 Loyd Eugene Robinson is but a small gesture of gratitude and appreciation for
the sacrifice made by this young man and suffered by his family;
therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways
to name the bridge on County Rt. 23, near Walkersville in Lewis
County, bridge number 21-23/-8.17, as the "SP4 Loyd Eugene Robinson
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 "SP4 Loyd Eugene Robinson 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; to Mr. Robinson's sisters, Lena
Rose Nissel, Grace Belle Alderman, Nettie Gregory, Betty Mitchell,
Hazel Blake and Katy Craig; to his surviving brothers, Jim
Robinson, Roscoe Robinson and Johnny Robinson; and to next of kin
of his deceased brothers, Thomas Robinson, Roy Curtis Robinson and
Paul Branty Robinson, if not already receiving a certified copy as
a surviving sibling.
Which, under the rules, lies over one day.
Senators Plymale,
Unger, Jenkins, Edgell, Foster, Wells,
Browning, Stollings, McCabe, Prezioso, Laird, Palumbo, Minard,
Klempa, Williams, Yost and Kessler (Acting President
) offered the
following resolution:
Senate Resolution No. 28--Designating February 17, 2011, as "Higher Education Day" at the Legislature.
Whereas, The foundation of any society's success is the degree
to which its citizens are educated; and
Whereas, The citizens of West Virginia are committed to
supporting higher education; and
Whereas, West Virginia's colleges and universities increase
the knowledge base of West Virginia's students, as well as those
from other states; and
Whereas, West Virginia's education system will help students
achieve their education goals and meet the workforce needs of West
Virginia and the United States; and
Whereas, Not only does the education system contribute to the
economic vitality of the state, but it enriches the culture and
life of all communities and regions within the state and outside
its boundaries; and
Whereas, West Virginia's colleges and universities advance the
development of technology, partner in business and industry,
conduct groundbreaking research and improve lives through advanced
health care; and
Whereas, Through the services of outstanding faculty, staff,
administration and executive leadership, West Virginia's colleges
and universities have developed student-centered programs and
curriculums; therefore, be it
Resolved by the Senate:
That the Senate hereby designates February 17, 2011, as
"Higher Education Day" at the Legislature; and, be it
Further Resolved, That the Senate recognizes the commitment to
excellence the leaders of our colleges and universities have
demonstrated; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to the Chancellor of the West Virginia
Higher Education Policy Commission, the Chancellor of the West
Virginia Council for Community and Technical College Education and
the Executive Director of the West Virginia Independent Colleges
and Universities, Inc., and to each of the presidents of West
Virginia's independent and public colleges and universities.
At the request of Senator Plymale, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.
Thereafter, at the request of Senator Unger, and by unanimous
consent, the remarks by Senator Plymale regarding the adoption of
Senate Resolution No. 28 were ordered printed in the Appendix to
the Journal.
On motion of Senator Unger, the Senate recessed for one
minute.
At the expiration of the recess, the Senate reconvened and
resumed business under the sixth order.
Senators Boley, Nohe, K. Facemyer,
Unger, Foster, Wells,
Klempa, Stollings, McCabe, Minard, Williams, Yost and Kessler
(Acting President)
offered the following resolution:
Senate Resolution No. 29--Recognizing West Virginia University
at Parkersburg on the occasion of its 50th Anniversary.
Whereas, West Virginia University at Parkersburg was founded
in 1961, as the Parkersburg branch of West Virginia University and
had an enrollment of 104 students; and
Whereas, In 1969, construction was completed on the campus
complex in West Virginia 47 east of Parkersburg; and
Whereas, West Virginia University at Parkersburg became one of
the state's first comprehensive community colleges in July 1971, as
Parkersburg Community College; and
Whereas, In 1989, the West Virginia Legislature established
the college as West Virginia University at Parkersburg, a regional
campus of West Virginia University; and
Whereas, In 1991, West Virginia University at Parkersburg was
accredited to offer baccalaureate degrees in business
administration and elementary education, becoming the only
community college in West Virginia to offer bachelor's degrees; and
Whereas, Through the years, West Virginia University at
Parkersburg has continued to grow, adding the Caperton Center for
Applied Technology, offering a Bachelor of Applied Technology
degree, and experiencing a record enrollment in 2010, while
becoming the fourth largest institution of higher education in West
Virginia; and
Whereas, West Virginia University at Parkersburg provides
accessible, life-changing educational opportunities in a safe and
supportive environment; and
Whereas, The faculty, staff and administration of West
Virginia University at Parkersburg, individually and collectively, hold the responsibility of providing educational and cultural
opportunities in the college's service community, based upon the
following principles: education holds a central position in the
creation, development, and nurturing of a society; education should
be constantly cognizant of the fact that all persons are
individuals of worth and are entitled to be treated with dignity
and respect; education functions under the realization that equal
opportunity to access and to benefit from teaching and learning
must be afforded to all persons; education provides the opportunity
for all citizens in a democratic society to explore, to discover,
and to develop their special aptitudes and interests; and education
holds as a sacred trust its responsibility to assist persons in
their quest for a fulfilling life and for responsible citizenship
in a world characterized by change; therefore, be it
Resolved by the Senate:
That the Senate hereby recognizes West Virginia University at
Parkersburg on the occasion of its 50th Anniversary; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to the President of West Virginia
University at Parkersburg, Dr. Marie Foster Gnage.
At the request of Senator Boley, 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.
At the expiration of the recess, the Senate reconvened and proceeded to the seventh order of business.
Senate Concurrent Resolution No. 11, Authorizing placement of
statue of Honorable Francis Harrison Pierpont in Independence Hall
in Wheeling.
On unfinished business, coming up in regular order, was
reported by the Clerk.
On motion of Senator Klempa, the following amendments to the
resolution were reported by the Clerk, considered simultaneously,
and adopted:
On page three, in the first Resolved clause, after the word
"Pierpont" by striking out the word "in" and inserting in lieu
thereof the word "at";
On page three, in the second Resolved clause, after the word
"placed" by striking out the word "in" and inserting in lieu
thereof the word "at";
And,
By striking out the title and substituting therefor a new
title, to read as follows:
Senate Concurrent Resolution No. 11--
Authorizing the placement
of a statue of the Honorable Francis Harrison Pierpont at
Independence Hall in Wheeling, West Virginia.
The question being on the adoption of the resolution, as
amended, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
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".
On unfinished business, coming up in regular order, was
reported by the Clerk.
The question being on the adoption of the resolution, the same
was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Senate Concurrent Resolution No. 25, Requesting DOH name Route
35 in Putnam and Mason counties "Fruth-Lanham Highway".
On unfinished business, coming up in regular order, was
reported by the Clerk.
The question being on the adoption of the resolution, the same
was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Senate Concurrent Resolution No. 33, Requesting DOH name
bridge on Route 16 in Wyoming County "Justin Lane Haga Janes and
Matthew Robert Wrenn 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. Senate Bill No. 304, Providing alternative means for
initial purchaser of junked vehicles to notify DMV.
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. 304) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
The Senate proceeded to the ninth order of business.
Com. Sub. for Com. Sub. for Senate Bill No. 227, Relating to
Creative Communities Development Pilot Program.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
On motion of Senator Unger, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule,
the yeas were: Barnes,
Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer,
Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird,
McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and
Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President
)--1.
Engrossed Committee Substitute for Committee Substitute for
Senate Bill No. 227 was then read a third time and put upon its
passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Boley, Browning, Chafin, Edgell, D. Facemire, Fanning, Foster,
Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller,
Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings,
Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting
President)--31.
The nays were:
K. Facemyer and Sypolt--2
.
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 Com. Sub. for S. B. No. 227) passed with its
title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Com. Sub. for Senate Bill No. 234, Revising Municipal Economic
Opportunity Development District Act.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
On motion of Senator Unger, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Barnes,
Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer,
Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird,
McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and
Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
Engrossed Committee Substitute for Senate Bill No. 234 was
then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Boley, Browning, Chafin, Edgell, D. Facemire, 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)--32.
The nays were: None.
Absent: K. Facemyer and Tomblin (Mr. President)--2.
So, a majority of all the members present and voting having
voted in the affirmative, the Acting President declared the bill
(Eng. Com. Sub. for S. B. No. 234) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Com. Sub. for Senate Bill No. 235, Revising County Economic Opportunity Development District Act.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
On motion of Senator Unger, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Barnes,
Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer,
Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird,
McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and
Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
Engrossed Committee Substitute for Senate Bill No. 235 was
then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning,
Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe,
Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and
Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
So, a majority of all the members present and voting having
voted in the affirmative, the Acting President declared the bill (Eng. Com. Sub. for S. B. No. 235) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Com. Sub. for Senate Bill No. 357, Relating to reporting
beaver and river otter taken, tagged and checked.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
On motion of Senator Unger, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Barnes,
Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer,
Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird,
McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and
Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
Engrossed Committee Substitute for Senate Bill No. 357 was
then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning,
Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe,
Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and
Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
So, a majority of all the members present and voting having
voted in the affirmative, the Acting President declared the bill
(Eng. Com. Sub. for S. B. No. 357) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Senate Bill No. 358, Authorizing electronic registration of
wildlife.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
On motion of Senator Unger, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Barnes,
Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer,
Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird,
McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and
Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
Engrossed Senate Bill No. 358 was then read a third time and
put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe,
Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and
Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
So, a majority of all the members present and voting having
voted in the affirmative, the Acting President declared the bill
(Eng. S. B. No. 358) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Com. Sub. for Senate Bill No. 382, Specifying activities
entitling certain members of National. Guard or reserve to leave of
absence.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
On motion of Senator Unger, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Barnes,
Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer,
Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird,
McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and
Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
Engrossed Committee Substitute for Senate Bill No. 382 was
then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning,
Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe,
Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and
Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
So, a majority of all the members present and voting having
voted in the affirmative, the Acting President declared the bill
(Eng. Com. Sub. for S. B. No. 382) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
The Senate proceeded to the tenth order of business.
The following bills on first reading, coming up in regular
order, were each read a first time and ordered to second reading:
Com. Sub. for Senate Bill No. 253, Amending insurance code
with respect to holding companies.
Senate Bill No. 267, Increasing fine or penalty Commissioner
of Banking may impose on residential mortgage brokers and lenders.
Senate Bill No. 274, Allowing Commissioner of Banking assess
state banks on quarterly basis.
Com. Sub. for Senate Bill No. 334, Creating felony offense for animal fighting ventures involvement.
Com. Sub. for Com. Sub. for Senate Bill No. 335, Authorizing
certain municipalities regulate taxis and taxi stands by ordinance.
Com. Sub. for Senate Bill No. 390, Adding web-enabled mobile
devices to crime of invasion of privacy on computer.
Com. Sub. for Senate Bill No. 407, Incorporating federal
health insurance reforms into insurance code.
And,
Senate Bill No. 507, Continuing Broadband Deployment Council.
The Senate proceeded to the eleventh order of business and the
introduction of guests.
The Senate proceeded to the twelfth order of business.
Remarks were made by Senator Miller.
The Senate then proceeded to the thirteenth order of business.
At the request of Senator D. Facemire, the name of Senator D.
Facemire was removed as a sponsor of Senate Bill No. 500 (Modifying
deliberate intention exception to employers' immunity from lawsuits
based on work-related injuries granted by Workers' Compensation).
On motion of Senator Unger, a leave of absence for the day was
granted Senator Tomblin (Mr. President).
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Unger, the Senate adjourned until
tomorrow, Friday, February 18, 2011, at 11 a.m.
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