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Senate Journal



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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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