sdj-43rd day
WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
EIGHTIETH LEGISLATURE
REGULAR SESSION, 2011
FORTY-THIRD DAY
____________
Charleston, W. Va., Wednesday, February 23, 2011
The Senate met at 11 a.m.
(Senator Kessler, Acting President, in the Chair.)
Prayer was offered by Pastor Chuck Lawrence, Christ Temple
Church, Huntington, West Virginia.
Pending the reading of the Journal of Tuesday, February 22,
2011,
On motion of Senator Wells, the Journal was approved and the
further reading thereof dispensed with.
The Senate proceeded to the second order of business and the
introduction of guests.
The Senate then proceeded to the third order of business.
A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption of
House Concurrent Resolution No. 40--Requesting the Division of
Highways to name bridge number 20-60/143.64 over the Coal River on
Main Street in St. Albans, Kanawha County, the "Joseph Homer Lloyd Bridge".
Referred to the Committee on Transportation and
Infrastructure.
A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption of
House Concurrent Resolution No. 77--Requesting the Division of
Highways to name the bridge located at the new Fairmont, West
Virginia interchange, locally called the "Gateway Connector", which
travels over I-79 to downtown Fairmont, specifically bridge number
10307 the "SP5 Lloyd 'Buddy' Greene Jr. Memorial Bridge".
Referred to the Committee on Transportation and
Infrastructure.
The Senate proceeded to the fourth order of business.
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. 66, Increasing speed limit for use of
low-speed vehicles in municipalities.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 66 (originating in the Committee
on Government Organization)--A Bill to amend and reenact §17A-3-2 of the Code of West Virginia, 1931, as amended, relating to the use
of low-speed vehicles in municipalities; and authorizing
municipalities, by ordinance, to allow the use of low-speed
vehicles on roads in municipalities with speed limits over twenty-
five miles per hour and less than thirty-five miles per hour.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Herb Snyder,
Chair.
Senator Stollings, from the Committee on Health and Human
Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under
consideration
Senate Bill No. 82, Declaring child's right to nurse in public
place is socially acceptable.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 82 (originating in the Committee
on Health and Human Resources)--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §16-43-1 and §16-43-2, all relating to findings and
purposes; and child's right to nurse, location permitted and
protected right.
And,
Senate Bill No. 526, Allowing certain emergency service
providers possess Naloxone to administer in suspected overdoses.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 526 (originating in the
Committee on Health and Human Resources)--A Bill to amend the Code
of West Virginia, 1931, as amended, by adding thereto a new
section, designated §16-4C-24, relating to allowing State Police,
police, sheriffs, fire and emergency service providers to possess
Naloxone to administer in suspected narcotic drug overdoses.
With the recommendation that the two committee substitutes do
pass; but under the original double committee references 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 bills (Com. Sub. for S. B. Nos. 82 and 526) contained
in the preceding report from the Committee on Health and Human
Resources 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
the Judiciary.
Senator Palumbo, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 121, Authorizing DEP promulgate legislative
rule relating to requirements governing groundwater standards.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 121 (originating in the
Committee on the Judiciary)--A Bill to amend and reenact article 3,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
generally to the promulgation of administrative rules by the
Department of Environmental Protection; legislative mandate or
authorization for the promulgation of certain legislative rules by
various executive or administrative agencies of the state;
authorizing certain of the agencies to promulgate certain
legislative rules in the form that the rules were filed in the
State Register; authorizing certain of the agencies to promulgate
certain legislative rules in the form that the rules were filed in
the State Register and as amended by the Legislature; authorizing
certain of the agencies to promulgate certain legislative rules
with various modifications presented to and recommended by the
Legislative Rule-Making Review Committee; authorizing certain of
the agencies to promulgate certain legislative rules with various
modifications presented to and recommended by the Legislative Rule-
Making Review Committee and as amended by the Legislature; authorizing certain of the agencies to promulgate certain
legislative rules as amended by the Legislature; authorizing the
Department of Environmental Protection to promulgate a legislative
rule relating to hazardous waste management systems; authorizing
the Department of Environmental Protection to promulgate a
legislative rule relating to surface mining reclamation;
authorizing the Department of Environmental Protection to
promulgate a legislative rule relating to ambient air quality
standards; authorizing the Department of Environmental Protection
to promulgate a legislative rule relating to permits for
construction and major modification of major stationary sources of
air pollution for the prevention of significant deterioration;
authorizing the Department of Environmental Protection to
promulgate a legislative rule relating to standards of performance
for new stationary sources; authorizing the Department of
Environmental Protection to promulgate a legislative rule relating
to control of air pollution from combustion of solid waste;
authorizing the Department of Environmental Protection to
promulgate a legislative rule relating to permits for construction
and major modification of major stationary sources of air pollution
which cause or contribute to nonattainment; authorizing the
Department of Environmental Protection to promulgate a legislative
rule relating to the control of air pollution from hazardous waste
treatment, storage and disposal facilities; authorizing the Department of Environmental Protection to promulgate a legislative
rule relating to emission standards for hazardous air pollutants;
authorizing the Department of Environmental Protection to
promulgate a legislative rule relating to the National Pollutant
Discharge Elimination System (NPDES) Program; authorizing the
Department of Environmental Protection to promulgate a legislative
rule relating to requirements governing groundwater standards; and
authorizing the Department of Environmental Protection to
promulgate a legislative rule relating to monitoring well design
standards.
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. 228, Creating Local Solution
Dropout Prevention and Recovery Act.
Now on second reading, having been read a first time and
referred to the Committee on Finance on February 16, 2011;
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. 229 (originating in the
Committee on Education), Creating Math and Science Teacher Loan
Assistance Program.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Com. Sub. for Senate Bill No. 229 (originating
in the Committee on Finance)--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §18-2F-1, §18-2F-2, §18-2F-3, §18-2F-4, §18-2F-5 and
§18-2F-6, all relating to creating the Math and Science Teacher
Loan Assistance Program; providing legislative purpose; defining
certain terms; creating a special revenue fund; requiring
legislative rules; establishing procedures for identifying public
schools or geographic areas in critical need of math and science
teachers; administering loan assistance program; authorizing
solicitation and certain match of private funds; providing
selection criteria and procedures for candidates; requiring certain
agreements and contracts; establishing conditions for addressing
renewal, noncompliance, deferral and exceptions; and setting limits on amount of loan assistance per recipient.
With the recommendation that the committee substitute for
committee substitute do pass.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
Senator Plymale, from the Committee on Education, submitted
the following report, which was received:
Your Committee on Education has had under consideration
Senate Bill No. 233, Establishing tax credit for repayment of
certain student loans.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 233 (originating in the
Committee on Education)--A Bill to amend and reenact §11-21-12 of
the Code of West Virginia, 1931, as amended, relating to
establishing a modification reducing federal adjusted gross income
for recent graduates of higher education institutions; and
providing for the promulgation of rules by the Tax Commissioner for
such purpose.
Senate Bill No. 315, Designating money from State Excess
Lottery Revenue Fund for school athletics.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 315 (originating in the
Committee on Education)--A Bill to amend and reenact §29-22-18a of
the Code of West Virginia, 1931, as amended, relating to making
funding for high school athletics one of the priorities in the
expenditure of any surplus excess lottery revenue funds; providing
for the apportionment and dispersing of funds; and prohibiting the
funds from supplanting existing funding for high school athletics.
Senate Bill No. 381, Allowing use of tuition assistance for
National Guard members enrolled in certain programs.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 381 (originating in the
Committee on Education)--A Bill to amend and reenact §15-1B-21 of
the Code of West Virginia, 1931, as amended, relating to expanding
certain education opportunities for members of the National Guard;
authorizing payments for certain qualified educational expenses;
prescribing certain limitations and conditions; defining certain
terms; clarifying rule-making requirements; and making technical
corrections.
And,
Senate Bill No. 528, Allowing certain physically disabled
employees work in another classification with continued
compensation.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 528 (originating in the
Committee on Education)--A Bill to amend and reenact §18A-4-8b of
the Code of West Virginia, 1931, as amended, relating to county
boards of education; temporary reassignment of injured or ill
service personnel under specified conditions; compensation and
benefits; vacancies and job postings; and expiration of
reassignments.
With the recommendation that the four committee substitutes do
pass; but under the original double committee references first be
referred to the Committee on Finance.
Respectfully submitted,
Robert H. Plymale,
Chair.
At the request of Senator Plymale, unanimous consent being
granted, the bills (Com. Sub. for S. B. Nos. 233, 315, 381 and 528)
contained in the preceding report from the Committee on Education
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 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. 240, Allowing Director of Purchasing Division
conduct reverse auctions to purchase commodities.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 240 (originating in the
Committee on Government Organization)--A Bill to amend and reenact
§5A-3-10 of the Code of West Virginia, 1931, as amended, relating
to purchasing practices; prohibiting the director from approving
certain purchases; authorizing use of reverse auctions in certain
circumstances; defining "reverse auction"; permitting the use of
third-party vendors for reverse auctions; and providing rule-making
and emergency rule-making authority to implement reverse auctions.
And,
Senate Bill No. 416, Expanding number of hours temporary state
personnel work in calendar year.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 416 (originating in the
Committee on Government Organization)--A Bill to amend and reenact
§29-6-4 of the Code of West Virginia, 1931, as amended, relating to
expanding the number of hours temporary state personnel may work in
a calendar year for three years; requiring performance review;
reporting requirements; and providing a termination date for the
expansion.
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,
Herb Snyder,
Chair.
At the request of Senator Snyder, unanimous consent being
granted, the bills (Com. Sub. for S. B. Nos. 240 and 416) 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 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. 295, Authorizing DHHR promulgate legislative
rule relating to safety and treatment program.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 295 (originating in the
Committee on the Judiciary)--A Bill to amend and reenact article 5,
chapter 64 of the Code of West Virginia, 1931, as amended, all
relating generally to the promulgation of administrative rules by the Department of Health and Human Resources; legislative mandate
or authorization for the promulgation of certain legislative rules
by various executive or administrative agencies of the state;
authorizing certain of the agencies to promulgate certain
legislative rules in the form that the rules were filed in the
State Register; authorizing certain of the agencies to promulgate
certain legislative rules with various modifications presented to
and recommended by the Legislative Rule-Making Review Committee;
authorizing certain of the agencies to promulgate certain
legislative rules with various modifications presented to and
recommended by the Legislative Rule-Making Review Committee and as
amended by the Legislature; authorizing the Department of Health
and Human Resources to promulgate a legislative rule relating to
public water systems; authorizing the Department of Health and
Human Resources to promulgate a legislative rule relating to
specialized multipatient medical transport; authorizing the
Department of Health and Human Resources to promulgate a
legislative rule relating to food manufacturing facilities;
authorizing the Department of Health and Human Resources to
promulgate a legislative rule relating to fire department rapid
response services licensure; authorizing the Department of Health
and Human Resources to promulgate a legislative rule relating to
emergency medical services; authorizing the Department of Health
and Human Resources to promulgate a legislative rule relating to cancer registry; authorizing the Department of Health and Human
Resources to promulgate a legislative rule relating to safety and
treatment programs; authorizing the Department of Health and Human
Resources to promulgate a legislative rule relating to requirements
for licensure of nonprofit corporations for conservator service;
and authorizing the Health Care Authority to promulgate a
legislative rule relating to certificates of need.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Corey Palumbo,
Chair.
Senator Palumbo, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 307, Creating Intermediate Court of Appeals.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 307 (originating in the
Committee on the Judiciary)--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §51-1B-1, §51-1B-2, §51-1B-3, §51-1B-4, §51-1B-5,
§51-1B-6, §51-1B-7, §51-1B-8, §51-1B-9, §51-1B-10, §51-1B-11,
§51-1B-12, §51-1B-13 and §51-1B-14, all relating to authorizing a
new court to be known as the Intermediate Court of Appeals; requiring the court to be operational by January 1, 2013;
establishing northern and southern districts; providing three
judges for each district; establishing qualifications for judges;
establishing jurisdiction of the court; providing that all appeals
will be reviewed and a written decision on the merits issued;
providing that all appeals will be filed with the Supreme Court of
Appeals; providing that the Supreme Court will either keep the
appeal or send it to the Intermediate Court; providing that appeals
in certain administrative cases are discretionary; authorizing
appeals from Intermediate Court to the Supreme Court; authorizing
Governor to make initial appointments by July 1, 2012; creating
staggered terms; providing for elections for ten-year terms after
initial appointments; authorizing a Chief Judge of the Intermediate
Court; authorizing staff for the court and the judges; providing
for compensation and expenses of judges and staff; providing for
temporary assignment of circuit court judges; providing that the
Supreme Court will govern the pleading, practice and procedure of
the Intermediate Court through rules; authorizing the Supreme Court
to provide the facilities, furniture, fixtures and equipment for
the Intermediate Court; providing for electronic filing of all
documents with the Intermediate Court; and providing that the
budget of the Intermediate Court will be part of the Supreme Court
budget.
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.
At the request of Senator Palumbo, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 307) 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. 328, Relating to issuance, disqualification,
suspension and revocation of driver's licenses.
With an amendment from the Committee on Transportation and
Infrastructure pending;
And has also amended same.
And reports the same back with the recommendation that it do
pass as amended by the Committee on Transportation and
Infrastructure to which the bill was first referred; and as last
amended by the Committee on the Judiciary; but under the original
triple committee reference first be referred to the Committee on Finance.
Respectfully submitted,
Corey Palumbo,
Chair.
At the request of Senator Prezioso, as chair of the Committee
on Finance, unanimous consent was granted to dispense with the
third committee reference of the bill contained in the foregoing
report from 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
Com. Sub. for Senate Bill No. 330, Relating to higher
education personnel generally.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
Senator Minard, from the Committee on Banking and Insurnce,
submitted the following report, which was received:
Your Committee on Banking and Insurance has had under
consideration
Senate Bill No. 350, Creating all-payer claims database.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 350 (originating in the
Committee on Banking and Insurance)--A Bill to amend the Code of
West Virginia, 1931, as amended, by adding thereto a new article,
designated §33-16G-1, §33-16G-2, §33-16G-3, §33-16G-4, §33-16G-5,
§33-16G-6, §33-16G-7, §33-16G-8 and §33-16G-9, all relating to an
all-payer claims database; declaring purpose; defining terms;
developing the database by the Insurance Commissioner, Secretary of
Health and Human Resources and Chairperson of the Health Care
Authority; authorizing joint emergency and legislative rules;
providing for compliance with privacy laws; permitting fees and
assessments to be assessed; authorizing penalties to be set by
rule; authorizing injunctive relief; establishing special revenue
account; and allowing other sanctions.
And,
Senate Bill No. 513, Relating to workers' compensation
coverage of state government entities.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 513 (originating in the
Committee on Banking and Insurance)--A Bill to amend the Code of
West Virginia, 1931, as amended, by adding thereto a new section,
designated §33-2-21a, relating to establishing a program to provide
workers' compensation coverage of state government entities and their employees; defining participants and exceptions thereto;
designating the Insurance Commissioner to manage workers'
compensation risks of state entities; creating a purchasing
exemption for the program; authorizing commissioner to assess fees
and surcharges and premiums; creating fund in State Treasury;
authorizing investment of funds; permitting loan from Insurance
Commissioner's administrative fund to the state entities' workers'
compensation program fund and repayment to the administrative fund;
authorizing Insurance Commissioner to propose legislative rules and
to adopt emergency rules; requiring reports to the Joint Committee
on Government and Finance on the status of the program; and
requiring consultation by the Insurance Commissioner with the State
Board of Risk and Insurance Management.
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,
Joseph M. Minard,
Chair.
At the request of Senator Minard, unanimous consent being
granted, the bills (Com. Sub. for S. B. Nos. 350 and 513) contained
in the preceding report from the Committee on Banking and Insurance
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 Minard, from the Committee on Banking and Insurance,
submitted the following report, which was received:
Your Committee on Banking and Insurance has had under
consideration
Senate Bill No. 356, Making captive insurance company
organized as risk retention group subject to certain insurance code
provisions.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 356 (originating in the
Committee on Banking and Insurance)--A Bill to amend and reenact
§33-31-1, §33-31-2, §33-31-6, §33-31-7, §33-31-8, §33-31-10, §33-
31-11, §33-31-15, §33-31-16 and §33-31-20 of the Code of West
Virginia, 1931, as amended; to amend said code by adding thereto a
new section, designated §33-31-16a; and to amend and reenact §33-
36-2 of said code, all relating to captive insurance; subjecting
any captive insurance company organized as a risk retention group
to certain insurance code provisions; and correcting technical
errors.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Joseph M. Minard,
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. 387, Allowing retired officers carry concealed
weapon.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 387 (originating in the
Committee on the Judiciary)--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §15-2-25c, relating to allowing retired officers to
carry a concealed weapon in accordance with federal law; directing
the Superintendent of the State Police to create a firearms course;
and establishing a fee for said course.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Corey Palumbo,
Chair.
Senator Snyder, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
Senate Bill No. 396, Relating to mutual-aid agreements between
law-enforcement entities.
And reports the same back with the recommendation that it do
pass; but under the original double committee reference first be
referred to the Committee on the Judiciary.
Respectfully submitted,
Herb Snyder,
Chair.
At the request of Senator Snyder, unanimous consent being
granted, the bill (S. B. No. 396) contained in the preceding report
from the Committee on Government Organization was taken up for
immediate consideration, read a first time, ordered to second
reading and, under the original double committee reference, was
then referred to the Committee on the Judiciary.
Senator 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. 399, Relating to payment of certain invoices
by Information Services and Communications Division.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended; but under the original double committee reference
first be referred to the Committee on Finance.
Respectfully submitted,
Herb Syder,
Chair.
At the request of Senator Snyder, unanimous consent being
granted, the bill (S. B. No. 399) contained in the preceding report
from the Committee on Government Organization was taken up for
immediate consideration, read a first time, ordered to second
reading and, under the original double committee reference, was
then referred to the Committee on Finance, with an amendment from
the Committee on Government Organization pending.
Senator Palumbo, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Com. Sub. for Senate Bill No. 420 (originating in the
Committee on Government Organization), Clarifying county
commissioners must reside in district they represent.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Com. Sub. for Senate Bill No. 420 (originating
in the Committee on the Judiciary)--A Bill to amend and reenact §7-
1-1b of the Code of West Virginia, 1931, as amended, relating to
setting forth residency requirements for county commissioners;
clarifying that a person shall reside in the magisterial district
from which he or she is seeking election and from which he or she
was appointed or elected; and providing that if boundaries of a
magisterial district are changed during the term of a county commissioner, he or she may serve out the remainder of the term.
With the recommendation that the committee substitute for
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
Senate Bill No. 435, Amending insurance code with respect to
surplus lines insurance.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
Senator Plymale, from the Committee on Education, submitted
the following report, which was received:
Your Committee on Education has had under consideration
Senate Bill No. 447, Relating to violations of school
attendance requirements.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 447 (originating in the Committee on Education)--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto two new sections, designated
§18-8-2a and §18-8-12, all relating to improving school attendance
generally; requiring county school superintendents or their
designees to request and obtain an investigation by the Department
of Health and Human Resources of the household of a student with
five or more unexcused absences; authorizing prosecuting attorneys
to request and obtain attendance of child protective services
workers or youth services workers at hearings and meetings related
to prosecution of violation of school attendance laws; requiring
appointment of a truancy and dropout prevention team in every
county; requiring representatives of certain entities be included
on team; requiring development and adoption of truancy and dropout
prevention plan; and setting forth minimum items to be included in
the plan.
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,
Robert H. Plymale,
Chair.
At the request of Senator Plymale, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 447) contained in the
preceding report from the Committee on Education was taken up for immediate consideration, read a first time, ordered to second
reading and, under the original double committee reference, was
then referred to the Committee on the Judiciary.
Senator Browning, from the Committee on Economic Development,
submitted the following report, which was received:
Your Committee on Economic Development has had under
consideration
Senate Bill No. 499, Regulating zipline and canopy tour
operations.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 499 (originating in the
Committee on Economic Development)--A Bill to amend the Code of
West Virginia, 1931, as amended, by adding thereto a new article,
designated §20-3C-1, §20-3C-2, §20-3C-3, §20-3C-4 and §20-3C-5, all
relating to zipline and canopy tour regulation; establishing
legislative purpose; defining terms; setting forth duties of
zipline and canopy tour operators; requiring liability insurance;
setting forth record-keeping requirements; establishing
responsibilities of participants; providing for assumption of
risks; setting forth prohibited acts; and defining liability of
zipline and canopy tour operators.
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,
Richard Browning,
Chair.
At the request of Senator Browning, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 499) contained in the
preceding report from the Committee on Economic Development was
taken up for immediate consideration, read a first time, ordered to
second reading and, under the original double committee reference,
was then referred to the Committee on the Judiciary.
Senator Palumbo, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 505, Relating generally to voter registration.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 505 (originating in the
Committee on the Judiciary)--A Bill to repeal §3-2-24 of the Code
of West Virginia, 1931, as amended; to amend and reenact §3-2-5,
§3-2-6, §3-2-7, §3-2-10, §3-2-18 and §3-2-30 of said code; and to
amend said code by adding thereto a new section, designated
§3-2-6a, all relating generally to voter registration; removing
section relating to paper records; permitting electronically
transmitted signatures; permitting an electronic voter registration system; permitting certain persons to register up to and including
the day of an election; extending the time for certain persons to
register in person; requiring the Secretary of State to adopt
certain procedures to administer registration of certain persons
after the registration deadline; creating misdemeanor offenses
relating to voter registration tampering; establishing criminal
penalties for any person who exerts improper influence over or
intimidates another person regarding his or her right to register;
establishing criminal penalties for any person who copies certain
information in the signed voter registration application of another
person; and allowing Secretary of State to share voter information
data files with certain authorized service providers and in
accordance with state and federal law.
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.
At the request of Senator Palumbo, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 505) 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 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. 525, Providing use of lottery funds for public
projects.
And reports the same back with the recommendation that it do
pass; but under the original double committee reference first be
referred to the Committee on Finance.
Respectfully submitted,
Herb Snyder,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on Finance.
Senator Prezioso, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 530, Clarifying use of certain portion of
revenues of racetracks with lottery table games.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
Senator Browning, from the Committee on Economic Development,
submitted the following report, which was received:
Your Committee on Economic Development has had under
consideration
Senate Bill No. 537, Creating tax credit for businesses that
compost.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 537 (originating in the
Committee on Economic Development)--A Bill to amend the Code of
West Virginia, 1931, as amended, by adding thereto a new article,
designated §11-13BB-1, §11-13BB-2, §11-13BB-3 and §11-13BB-4, 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;
providing for eligibility of the credit; providing for the amount
of the credit; and authorizing the Tax Commissioner to promulgate
legislative rules to administer the tax credit.
Senate Bill No. 587, Adding small-scale tourism development
and ancillary project components to Tourism Development Act.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 587 (originating in the Committee on Economic Development)--A Bill to amend and reenact
§5B-2E-5 of the Code of West Virginia, 1931, as amended; and to
amend said code by adding thereto two new sections, designated §5B-
2E-7b and §5B-2E-7c, all relating generally to the West Virginia
Tourism Development Act; and adding a small-scale tourism
development component and an ancillary project component.
And,
Senate Bill No. 590, Removing cap on amount of annual credit
awarded for destination tourism expansion projects.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 590 (originating in the
Committee on Economic Development)--A Bill to amend and reenact
§5B-2E-7a of the Code of West Virginia, 1931, as amended; and to
amend said code by adding thereto a new section, designated §5B-2E-
7b, all relating generally to tourism development projects;
removing annual credit cap for expansion projects; providing rule
for determining credit for multiyear, multiphase projects; and
providing consumers sales and service tax presumption.
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,
Richard Browning,
Chair.
At the request of Senator Browning, unanimous consent being
granted, the bills (Com. Sub. for S. B. Nos. 537, 587 and 590)
contained in the preceding report from the Committee on Economic
Development 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 Browning, from the Committee on Economic Development,
submitted the following report, which was received:
Your Committee on Economic Development has had under
consideration
Senate Bill No. 541, Clarifying entities included in
water's-edge group for corporation tax purposes.
And reports the same back with recommendation that it do pass;
but under the original double committee reference first be referred
to the Committee on Finance.
Respectfully submitted,
Richard Browning,
Chair.
At the request of Senator Browning, unanimous consent being
granted, the bill (S. B. No. 541) contained in the preceding report
from the Committee on Economic Development was taken up for
immediate consideration, read a first time, ordered to second reading and, under the original double committee reference, was
then referred to the Committee on Finance.
Senator Beach, from the Committee on Transportation and
Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had
under consideration
Senate Bill No. 557, Creating Tourist-Oriented Directional
Signs Program.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 557 (originating in the
Committee on Transportation and Infrastructure)--A Bill to amend
the Code of West Virginia, 1931, as amended, by adding thereto a
new article, designated §17-29-1, §17-29-2, §17-29-3, §17-29-4,
§17-29-5, §17-29-6, §17-29-7, §17-29-8, §17-29-9, §17-29-10, §17-
29-11, §17-29-12, §17-29-13 and §17-29-14, all relating to creating
the Tourist-Oriented Directional Signs Program; stating legislative
purpose; setting forth application and eligibility requirements;
establishing design and content guidelines; establishing sign
location and placement criteria; establishing fee schedule; setting
forth maintenance responsibility; permitting revocation of
participation in the program; authorizing rulemaking to be exempt
from the State Administrative Procedures Act; and defining terms.
With the recommendation that the committee substitute do pass; but under the original double committee reference first be referred
to the Committee on Finance.
Respectfully submitted,
Robert D. Beach,
Chair.
The bill (Com. Sub. for S. B. No. 557), under the original
double committee reference, was then referred to the Committee on
Finance.
Senator Plymale, from the Committee on Education, submitted
the following report, which was received:
Your Committee on Education has had under consideration
Senate Bill No. 558, Changing method for determining salary
equity among counties for school personnel.
And reports the same back with the recommendation that it do
pass; but under the original double committee reference first be
referred to the Committee on Finance.
Respectfully submitted,
Robert H. Plymale,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on Finance.
Senator Beach, from the Committee on Transportation and
Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had under consideration
Senate Bill No. 608 (originating in the Committee on
Transportation and Infrastructure)--A Bill to amend and reenact
§17A-2-13 of the Code of West Virginia, 1931, as amended; to amend
and reenact §17A-3-4 of said code; to amend and reenact §17A-4-1
and §17A-4-10 of said code; to amend and reenact §17A-4A-10 of said
code; to amend and reenact §17A-10-3, §17A-10-10 and §17A-10-11 of
said code; to amend and reenact §17B-2-1, §17B-2-3a, §17B-2-5,
§17B-2-6, §17B-2-8 and §17B-2-11 of said code; and to amend and
reenact §17D-2-2 of said code, all relating to increasing fees;
increasing the fee for vehicle records and the certified record
fee; increasing the registration fee for Class A motor vehicles;
increasing the fee for the issuance and duplication of various
documents by the division including titles, registrations, plates
and decals; increasing the fee for issuance, duplication and
renewal of a driver's license; requiring the payment of the fee for
each attempt at the written and road skills test; and increasing
the fee for driving records.
And reports the same back with the recommendation that it do
pass; but with the further recommendation that it first be referred
to the Committee on Finance.
Respectfully submitted,
Robert D. Beach,
Chair.
At the request of Senator Beach, unanimous consent being
granted, the bill (S. B. No. 608) contained in the preceding report
from the Committee on Transportation and Infrastructure was taken
up for immediate consideration, read a first time and ordered to
second reading.
Thereafter, on motion of Senator Beach, the bill 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 Concurrent Resolution No. 38, Requesting Joint
Committee on Government and Finance study needs, challenges and
issues facing West Virginians with Alzheimer's.
And reports the same back with the recommendation that it be
adopted; but under the original double committee reference first be
referred to the Committee on Rules.
Respectfully submitted,
Ron Stollings,
Chair.
The resolution, under the original double committee reference,
was then referred to the Committee on Rules.
Senator Palumbo, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. Com. Sub. for House Bill No. 2613, Authorizing the
Department of Military Affairs and Public Safety to promulgate
legislative rules.
And reports same back with the recommendation that it do pass.
Respectfully submitted,
Corey Palumbo,
Chair.
Senator Plymale, from the Committee on Education, submitted
the following report, which was received:
Your Committee on Education has had under consideration
Eng. Com. Sub. for House Bill No. 2757, Providing for
evaluation of professional personnel in the public schools.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended; but under the original double committee reference
first be referred to the Committee on Finance.
Respectfully submitted,
Robert H. Plymale,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on Finance, with amendments from the
Committee on Education pending.
The Senate proceeded to the sixth order of business.
Senator Sypolt offered the following resolution:
Senate Concurrent Resolution No. 45--Requesting the Joint
Committee on Government and Finance to study the impact of laws and
regulations pertaining to the possession and use of firearms as
they relate to the rights of the citizens of West Virginia to keep
and bear arms under the Constitution of the United States and the
Constitution of West Virginia.
Whereas, The Constitution of the United States and the
Constitution of West Virginia grant citizens the right to keep and
bear arms and this right has been confirmed by the Supreme Court of
the United States and the Supreme Court of Appeals of this state;
and
Whereas, There exists a dispute regarding the regulation of
the right to keep and bear arms by state and local governments that
frequently leads laws and ordinances to become an infringement of
this right upon the law-abiding citizens of this state; and
Whereas, The dangers of increased infringement of this
constitutionally guaranteed right need to be recognized and
addressed relating to reasonable measures of regulation and gun
safety that may be adopted covering this subject and it is thus a
sound topic of study; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study the impact of laws and regulations pertaining to the possession and use of firearms as they relate to the rights of
the citizens of West Virginia to keep and bear arms under the
Constitution of the United States and the Constitution of West
Virginia; and, be it
Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 2012, on
its findings, conclusions and recommendations, together with drafts
of any legislation necessary to effectuate its recommendations;
and, be it
Further Resolved, That the expenses necessary to conduct this
study, to prepare a report and to draft necessary legislation be
paid from legislative appropriations to the Joint Committee on
Government and Finance.
Which, under the rules, lies over one day.
Senators Laird, Beach, Tucker, Yost, Minard, Klempa, Williams,
Foster, Browning, Jenkins, Unger, Edgell, Kessler (Acting
President), Green, McCabe, Stollings, Plymale and Prezioso
offered
the following resolution:
Senate Resolution No. 36--
Designating February 23, 2011, as
"Community Action Day".
Whereas, Community action agencies in the Mountain State work
to assist low-income West Virginians; and
Whereas, Community action agencies try to find the causes of
poverty and how to achieve self-sufficiency; and
Whereas, Community action agencies have been serving low-
income families throughout our 55 counties for more than 40 years;
and
Whereas, Community action agencies conduct programs to meet
the needs of low-income West Virginians; and
Whereas, These programs consist of Head Start, weatherization,
housing, energy assistance, home rehabilitation, job training and
placement, nutrition for the elderly and children, counseling,
health, education welfare reform, family mentoring and many others;
and
Whereas, Community action agencies, in partnerships with
elected officials, the private sector and citizens of West
Virginia, continue to identify low-income conditions and pursue
solutions; therefore, be it
Resolved by the Senate:
That the Senate hereby designates February 23, 2011, as
"Community Action Day"; and, be it
Further Resolved, That the Senate invites all members of the
West Virginia Legislature and all citizens of West Virginia to join
in recognizing the value and importance of community action
programs in West Virginia; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to the West Virginia Community Action
Partnership.
At the request of Senator Laird, 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
resumed business under the sixth order.
Senators Miller, Unger, Edgell, Kessler (Acting President),
Green, Stollings, Plymale, Klempa and Yost offered the following
resolution:
Senate Resolution No. 37--Recognizing the Summers County High
School Lady Bobcats basketball team for their outstanding athletic
achievements.
Whereas, The Lady Bobcats basketball team consists of players
Hallie Gunnoe, Hanna Gunnoe, Kelsie Lively, Leslie Mack, Lashae
Bonds, Candace Brown, Brooke Edwards, Keri Hudson, Brooke Cole,
Hayley Shrewsbury, Kelsey Surber, Tyra Wynes, Brittany Bonds,
Brianna Justice, Sam McMillion, Brandy Morrison, Lindsay Ryan,
Emily Smith and Kristin Ward; and
Whereas, The Lady Bobcats are coached by head coach Wayne Ryan
and assistant coaches Doug Trail, Chad Meador, Laura Rollyson-
Howell, Cris Meadows and A.W. Ryan; and
Whereas, The Lady Bobcats have won four consecutive Class AA
West Virginia state championships including 2007, 2008, 2009 and 2010; and
Whereas, The Lady Bobcats have completed the 2011 regular
season with a perfect record of 22-0, achieving their third
consecutive undefeated regular season and attaining the number one
ranking in the state in girls AA basketball; and
Whereas, On February 15, 2011, the Lady Bobcats made West
Virginia High School athletics history, by winning their 89th
consecutive game; and
Whereas, The Lady Bobcats will be remembered as one of the
best teams ever assembled in West Virginia High School girls
basketball history; and
Whereas, The Lady Bobcats basketball team is a shining example
of what can be accomplished with teamwork, dedication and spirit;
therefore be it
Resolved by the Senate:
That the Senate hereby recognizes the Summers County High
School Lady Bobcats basketball team for their outstanding athletic
achievements; and, be it
Further Resolved, That the Senate wishes the team well on
competing for its 5th consecutive state championship; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to each coach and member of the Lady
Bobcats team.
At the request of Senator Miller, unanimous consent being granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.
Senators Foster, Browning, Fanning, Jenkins, Unger, Edgell,
Kessler (Acting President), McCabe, Stollings, Plymale, Prezioso,
Wills, Palumbo, Minard, Klempa, Yost, Williams, Sypolt, Green and
Wells offered the following resolution:
Senate Resolution No. 38--Memorializing the life of Andrew J.
Trail, veteran of the United States Army, former Head Doorkeeper of
the West Virginia Senate and dedicated public servant.
Whereas, Andrew J. Trail was born on October 30, 1925, in
Iaeger, West Virginia, the son of the late Andrew J. Trail Sr. and
Mary Perdue Trail; and
Whereas, Andrew J. Trail enlisted in the United States Army in
1940, at the age of 15. On June 8, 1944, he stormed the beaches of
Normandy and was wounded in combat; and
Whereas, Andrew J. Trail was honorably discharged from the
United States Army and awarded the Purple Heart Medal; and
Whereas, After his military service, Andrew J. Trail ran
several small businesses until 1960, when he went to work for the
West Virginia Department of Employment Security and then for the
United States Department of Labor, from which he retired in 1980;
and
Whereas, Andrew J. Trail began work for the West Virginia
Senate in 1989, and on January 10, 1996, was appointed to the position of Head Doorkeeper. He held that position until 2008; and
Whereas, Andrew J. Trail was a member of the Calvary Baptist
Church in Charleston, West Virginia, where he served as moderator
and head deacon; and
Whereas, Andrew J. Trail was a member of the Odd Fellows Lodge
of West Virginia, of which he was Past Grandmaster, a member of the
Military Order of the Purple Heart and Veterans of Foreign Wars;
and
Whereas, Andrew J. Trail was married to his beloved wife of 65
years, Josephine, with whom he shared the joy of having their
daughter, Jackie and two grandsons, Randy and Andrew; and
Whereas, Sadly, Andrew J. Trail passed away on February 12,
2011, leaving behind a host of family and friends, all of whom will
miss him dearly; therefore, be it
Resolved by the Senate:
That the Senate hereby memorializes the life of Andrew J.
Trail, veteran of the United States Army, former Head Doorkeeper of
the West Virginia Senate and dedicated public servant; and, be it
Further Resolved, That the Senate extends its sincere sympathy
to the family of Andrew J. Trail on his passing; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to the family of Andrew J. Trail.
At the request of Senator Foster, 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, at
the request of
Senator Unger, unanimous consent being granted,
returned to the fourth order of business.
Senator Yost, from the Committee on Labor, submitted the
following report, which was received:
Your Committee on Labor has had under consideration
Senate Concurrent Resolution No. 46 (originating in the
Committee on Labor)--Requesting the Joint Committee on Government
and Finance to study the procurement of services and goods by West
Virginia agencies and departments to determine ways in which the
procurement of such services and goods from the United States, and
West Virginia in particular, may be encouraged.
Whereas, Goods are increasingly manufactured outside of the
United States; and
Whereas, Services are increasingly performed outside of the
United States; and
Whereas, The oversight over goods manufactured and services
performed outside of West Virginia and outside the United States is
limited and restricts the ability of West Virginia to protect its
citizens; and
Whereas, The procurement of goods manufactured in the United States, and West Virginia in particular, and of services performed
in the United States, and West Virginia in particular, would
benefit West Virginia by allowing increased oversight over such
goods and services and by providing employment opportunities to
West Virginians; and
Whereas, West Virginia should promote the purchase of and give
preference to goods manufactured in the United States and in West
Virginia in particular; and
Whereas, West Virginia should promote the purchase of and give
preference to services performed in the United States and in West
Virginia in particular; and
Whereas, Such promotion and preference should be in the best
interest of West Virginia, including as to the availability,
quality and cost of such goods and services; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study the extent to which current West Virginia
contracts, and any subcontracts thereunder, are being completed
with goods manufactured outside of West Virginia and outside of the
United States or are being performed outside of West Virginia and
outside of the United States; the extent to which the procurement
of such foreign goods or services causes the loss of employment
opportunities in West Virginia; the extent to which the export of
West Virginia goods and services benefits West Virginia; the extent to which the procurement of services performed outside of the
United States may involve the risk of unauthorized use or
disclosure of personal information or proprietary information; the
applicability of international trade agreements, treaties and
federal law to West Virginia procurement policies; and the ways in
which the procurement of services performed in and goods
manufactured in the United States, and in West Virginia in
particular, may be encouraged; and, be it
Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature in 2012 on
its findings, conclusions and recommendations, together with drafts
of any legislation necessary to effectuate its recommendations;
and, be it
Further Resolved, That the expenses necessary to conduct this
study, to prepare a report and to draft necessary legislation be
paid from legislative appropriations to the Joint Committee on
Government and Finance.
And,
Senate Concurrent Resolution No. 47 (originating in the
Committee on Labor)--
Requesting the Joint Committee on Government
and Finance to study the Boiler Safety Act to determine if
regulating low-pressure and hot water heating boilers is in the
best interest of the safety of the citizens of West Virginia.
Whereas, West Virginia is in the only state in the National Board of Boiler and Pressure Vessels Inspectors' jurisdiction in
North America not requiring inspection of low-pressure boilers; and
Whereas, Low pressure heating boilers represent approximately
80 percent of the boilers in West Virginia with no oversight of
installation, maintenance and inspection; and
Whereas, Low pressure boilers are found in almost every
building in West Virginia including restaurants, retail stores,
hotels, hospitals, day care centers and nursing homes with the most
vulnerable being children in our public and private schools; and
Whereas, A low-pressure boiler becomes a high pressure boiler
immediately before exploding and can literally destroy walls and
shred everything within a 200-foot radius; and
Whereas, Inspection of low-pressure boilers will benefit
boiler owners by reducing fuel consumption thereby decreasing
operating costs and lower pollution emissions; and
Whereas, West Virginia's failure to register and inspect low-
pressure boilers may be permitting West Virginia to become a
dangerous dumping ground for equipment that is not code compliant;
and
Whereas, The cost of inspection is included in the insurance
premium cost of many boilers and State inspections cost $250 or
less, the State of West Virginia could provide residents an added
level of safety and security at no cost to the state; therefore, be
it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study the current implementation of the West Virginia
Boiler Safety law for the purpose of determining if changes should
be made to the law to include registration and inspection of low-
pressure and hot water heating boilers; and, be it
Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature in 2012 on
its findings, conclusions and recommendations, together with drafts
of any legislation necessary to effectuate its recommendations;
and, be it
Further Resolved, That the expenses necessary to conduct this
study, to prepare a report and to draft necessary legislation be
paid from legislative appropriations to the Joint Committee on
Government and Finance.
And reports the same back with the recommendation that they
each be adopted; but with the further recommendation that they
first be referred to the Committee on Rules.
Respectfully submitted,
Jack Yost,
Chair.
On motion of Senator Yost, the resolutions (SCR Nos. 46 and
47) contained in the foregoing report from the Committee on Labor
were then referred to the Committee on Rules.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 10, Designating March 30
annually "West Virginia Vietnam Veterans Recognition Day".
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. 43, Requesting DOH erect
memorial sign on Route 60, at or near Caldwell exit in Greenbrier
County, "Home of Chan Whitt Jr., 'Little Prince' Billiards
Champion".
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on
Transportation and Infrastructure.
Senate Concurrent Resolution No. 44, Requesting Joint
Committee on Government and Finance study utility services.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on the
Judiciary; and then to the Committee on Rules.
The Senate proceeded to the eighth order of business.
Eng. Com. Sub. for Senate Bill No. 238, Redesignating Division
of Veterans' Affairs as Department of Veterans' Assistance.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning,
Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe,
Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and
Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
So, a majority of all the members present and voting having
voted in the affirmative, the Acting President declared the bill
(Eng. Com. Sub. for S. B. No. 238) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Senate Bill No. 282, Continuing Highway
Design-Build Pilot Program.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning,
Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe,
Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
So, a majority of all the members present and voting having
voted in the affirmative, the Acting President declared the bill
(Eng. Com. Sub. for S. B. No. 282) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Senate Bill No. 344, Relating to special
method for appraising qualified capital additions to manufacturing
facilities.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning,
Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe,
Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and
Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
So, a majority of all the members present and voting having
voted in the affirmative, the Acting President declared the bill
(Eng. Com. Sub. for S. B. No. 344) passed with its title.
Senator Unger moved that the bill take effect July 1, 2011.
On this question, the yeas were: Barnes, Beach, Boley,
Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning,
Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe,
Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and
Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the Acting President declared the bill
(Eng. Com. Sub. for S. B. No. 344) takes effect July 1, 2011.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Senate Bill No. 474, Relating to
manufacturer's liability for prescription drug warning or
instruction.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning,
Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe,
Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
So, a majority of all the members present and voting having
voted in the affirmative, the Acting President declared the bill
(Eng. Com. Sub. for S. B. No. 474) passed with its title.
Senator Unger moved that the bill take effect July 1, 2011.
On this question, the yeas were: Barnes, Beach, Boley,
Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning,
Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe,
Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and
Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the Acting President declared the bill
(Eng. Com. Sub. for S. B. No. 474) takes effect July 1, 2011.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 514, Authorizing legislative rule for
Higher Education Policy Commission regarding authorization of
degree-granting institutions.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning,
Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe,
Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and
Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
So, a majority of all the members present and voting having
voted in the affirmative, the Acting President declared the bill
(Eng. S. B. No. 514) passed with its title.
Senator Unger moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Beach, Boley,
Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning,
Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe,
Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and
Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the Acting President declared the bill
(Eng. S. B. No. 514) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 538, Creating Learn and Earn Cooperative
Education Program.
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. 538) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
The Senate proceeded to the ninth order of business.
Senate Bill No. 392, Changing definition of "accredited
thoroughbred horse".
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
The Senate proceeded to the tenth order of business.
Senate Joint Resolution No. 9, Proposing amendment to
Constitution designated The Silenced Majority Local Levy and Bond
Amendment.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
Senate Joint Resolution No. 10, Proposing amendment to
Constitution designated Repeal the Two Consecutive Term Limitation
for Sheriffs Amendment.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
Com. Sub. for Senate Bill No. 96, Relating generally to
certain county officials.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
Com. Sub. for Senate Bill No. 112, Authorizing Department of
Administration promulgate legislative rules.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
Com. Sub. for Senate Bill No. 177, Authorizing Department of
Revenue promulgate legislative rules.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
Com. Sub. for Com. Sub. for Senate Bill No. 272, Relating to WV Tax Increment Financing Act.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
Com. Sub. for Senate Bill No. 279, Relating to work camps for
nonviolent offenders.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
Com. Sub. for Senate Bill No. 495, Relating generally to use
of electronic voting systems.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
Senate Bill No. 546, Relating to municipal police and
firefighter pensions.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
Senate Bill No. 563, Authorizing municipalities to create
deferred retirement option plans for certain employees.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
Eng. Com. Sub. for House Bill No. 2464, Adding additional
requirements to the Ethics Act.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
At the request of Senator Helmick, unanimous consent being granted, the Senate returned to the second order of business and
the introduction of guests.
Pending announcement of meetings of standing committees of the
Senate, including majority and minority party caucuses,
On motion of Senator Unger, the Senate recessed until 6 p.m.
today.
At the expiration of the recess, the Senate reconvened and
again proceeded to the fourth order of business.
Senator Miller, from the Joint Committee on Enrolled Bills,
submitted the following report, which was received:
Your Joint Committee on Enrolled Bills has examined, found
truly enrolled, and on the 23rd day of February, 2011, presented to
His Excellency, the Governor, for his action, the following bills,
signed by the Acting President of the Senate and the Speaker of the
House of Delegates:
(S. B. No. 184), Relating to disposition of remains of
military service member who dies while serving in military.
(Com. Sub. for S. B. No. 200), Correcting names of state
institutions of higher education.
(S. B. No. 255), Making supplementary appropriation of
unappropriated moneys to various accounts.
And,
(S. B. No. 342), Making supplementary appropriation to
Governor's Office--Civil Contingent Fund.
Respectfully submitted,
Ron Miller,
Chair, Senate Committee.
Meshea Poore,
Chair, House Committee.
Senator Prezioso, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 35, Increasing nonfamily adoption tax credit.
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
Senate Bill No. 351, Regulating captive cervid farming as
agricultural enterprise.
Now on second reading, having been read a first time and
referred to the Committee on Finance on February 15, 2011;
And reports the same back with the recommendation that it 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. 360, Relating to award of attorney fees by
Surface Mine Board.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended; but under the original triple committee reference
first be referred to the Committee on the Judiciary; and then to
the Committee on Finance.
Respectfully submitted,
Mike Green,
Chair.
At the request of Senator Unger, unanimous consent being
granted, the bill (S. B. No. 360) 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 triple committee reference, was
referred to the Committee on the Judiciary; and then to the
Committee on Finance, with an amendment from the Committee on
Energy, Industry and Mining pending.
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. 391, Relating to early in-person voting;
rotating community voting locations.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 391 (originating in the
Committee on the Judiciary)--A Bill to amend and reenact §3-3-2a
and §3-3-3 of the Code of West Virginia, 1931, as amended, all
relating to early in-person voting; authorizing community voting
locations; removing the requirement that chairpersons of executive
committees approve community voting locations; requiring community
voting locations to be open a minimum of five days; requiring
community voting locations to be politically balanced or counter
balanced by another location; requiring security of election
equipment and materials; requiring the publication of community
voting locations; providing for appeal of community voting
locations to circuit court; reducing the voting period for early
in-person voting to thirteen days; and eliminating the requirement
that an election be on a Tuesday in order to have Saturday early
voting.
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.
At the request of Senator Palumbo, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 391) 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 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. 408 (originating in the
Committee on Health and Human Resources), Creating WV Health
Benefit Exchange Act.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Com. Sub. for Senate Bill No. 408 (originating
in the Committee on Finance)--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §33-16G-1, §33-16G-2, §33-16G-3, §33-16G-4, §33-16G-5,
§33-16G-6, §33-16G-7, §33-16G-8, §33-16G-9 and §33-16G-10, all
relating generally to the health benefit exchange; setting forth purpose; defining terms; providing for the establishment of the
West Virginia Health Benefit Exchange; establishing the governing
board of directors; providing for membership on the board of
directors; setting forth meeting requirements of the board of
directors; allowing the board of directors to hire an executive
director and appropriate staff; providing for an annual report by
the board of directors; setting forth the functions of the
exchange; outlining the board's duties and authority; setting forth
a health benefit plan certification process; authorizing emergency
and legislative rulemaking; establishing a special revenue account;
and authorizing assessment of fees.
With the recommendation that the committee substitute for
committee substitute do pass.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
Senator Snyder, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
Senate Bill No. 414, Relating to responsibilities of Real
Estate Director.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 414 (originating in the
Committee on Government Organization)--A Bill to amend and reenact
§5A-10-1, §5A-10-2, §5A-10-3, §5A-10-5, §5A-10-6 and §5A-10-9 of
the Code of West Virginia, 1931, as amended; and to amend said code
by adding thereto two new sections, designated §5A-10-12 and §5A-
10-13, all relating to the Real Estate Division; permitting
acquisition of real property; authorizing third-party contracts for
real estate services; permitting spending units to be billed for
real estate services; creating the Real Property Fund; establishing
what revenues are to be deposited into that fund; establishing how
moneys from the fund may be expended; and clarifying that property
owned by the Department of Agriculture and the West Virginia State
Conservation Committee are exempt from the requirements of this
article.
Senate Bill No. 533, Relating to preservation of affordable
housing in counties with impact fees.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 533 (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 §7-20-7a, relating to impact fees; legislative findings;
definitions; requiring counties to have an affordable housing
component in the county's impact fees ordinance; requiring a scale for impact fees to assure affordable housing; and requiring a vote
by the county commission to increase or decrease impact fees.
And,
Senate Bill No. 564, Creating Fiscal and Policy Division under
Joint Committee on Government and Finance.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 564 (originating in the
Committee on Government Organization)--A Bill to amend and reenact
§4-2-5 of the Code of West Virginia, 1931, as amended, relating to
creating a Fiscal and Policy Division under the Joint Committee on
Government and Finance.
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. 414, 533 and 564)
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 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. 423, Increasing size limit of voting
precincts.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 423 (originating in the
Committee on the Judiciary)--A Bill to amend and reenact §3-1-5 and
§3-1-29 of the Code of West Virginia, 1931, as amended, all
relating to increasing the limit on the size of voting precincts to
five thousand registered voters; increasing the size of standard
receiving boards in enlarged precincts; providing an option to have
more poll workers in a precinct during a Presidential election; and
providing an option to have fewer poll workers in a precinct during
a municipal election where there is no simultaneous state or county
election.
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.
At the request of Senator Palumbo, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 423) 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 Prezioso, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 456, Relating to responsibilities of Marketing
and Communications Office of Department of Commerce.
Now on second reading, having been read a first time and
referred to the Committee on Finance on February 16, 2011;
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. 458, Updating Logging Sediment
Control Act.
Now on second reading, having been read a first time and referred to the Committee on Finance on February 17, 2011;
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Roman W. Prezioso, Jr.,
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. 461, Providing criminal penalty for violating
restraining order entered upon conviction for stalking or
harassment.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 461 (originating in the
Committee on the Judiciary)--A Bill to amend and reenact §48-27-903
of the Code of West Virginia, 1931, as amended, relating to
criminalizing a violation of a restraining order entered upon a
conviction for stalking or harassment; and establishing penalties.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Corey Palumbo,
Chair.
Senator Palumbo, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 472, Exempting certain vendors of portable
electronics from insurance licensing requirements.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 472 (originating in the
Committee on the Judiciary)--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §33-12-32a, relating to providing an exemption from
insurance licensing requirements for vendors of portable
electronics when offering portable electronics insurance generally;
defining terms; establishing requirements and authority regarding
the sale of portable electronics insurance; stating authority of
vendors of portable electronics to sell portable electronics
insurance; requiring training of employees who sell portable
electronics insurance; providing for the suspension of privileges
and imposition of fines for violations of this section; providing
for the termination of portable electronics insurance; and giving
the Insurance Commissioner the authority to bring administrative
actions on supervising entities.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Corey Palumbo,
Chair.
Senator Palumbo, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 508, Allowing certain liquor licensees ability
to conduct responsible liquor sampling events.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 508 (originating in the
Committee on the Judiciary)--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §60-3A-3a; and to amend and reenact §60-3A-4 of said
code, all relating to liquor sampling; authorizing liquor sampling
on Class A retail licenses; setting requirements for holding a
liquor sampling; creating penalties; authorizing emergency rules or
legislative rules; and defining terms.
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
Senate Bill No. 510, Relating to requirements for new facility projects of public agencies and projects receiving state funds.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 510 (originating in the
Committee on Finance)--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new article, designated
§22-29-1, §22-29-2, §22-29-3 and §22-29-4, all relating to
requiring new facility projects of public agencies and projects
receiving state funds to be designed and constructed complying with
the International Code Council 2009, International Energy
Conservation Code and the ANSI/ASHRAE/IESNA Standard 90.1-2007.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Roman W. Prezioso, Jr.,
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. 511, Creating Honest Opportunity Probation
with Enforcement (HOPE) Act.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 511 (originating in the
Committee on the Judiciary)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section,
designated §62-12-2a, relating to implementing the Honest
Opportunity Probation and Enforcement Program; providing
legislative findings; establishing a pilot project at the option of
each circuit court; requiring the parameters of the program to be
agreed upon and placed in the sentencing order; requiring frequent
random drug testing with instant result tests; and creating
penalties for violations, including incarceration, possible drug
treatment or removal from the program.
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.
At the request of Senator Palumbo, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 511) 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 Yost, from the Committee on Labor, submitted the
following report, which was received:
Your Committee on Labor has had under consideration
Senate Bill No. 523, Creating tax credit for apprenticeship
training in construction trades.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 523 (originating in the
Committee on Labor)--A Bill to amend and reenact §11-13W-1 of the
Code of West Virginia, 1931, as amended, relating to increasing the
tax credits for apprenticeship training in construction trades.
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,
Jack Yost,
Chair.
At the request of Senator Yost, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 523) contained in the
preceding report from the Committee on Labor was taken up for
immediate consideration, read a first time, ordered to second
reading and, under the original double committee reference, was
then referred to the Committee on 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. 547, Requiring Water Research Institute
develop method for assessing narrative water quality standards.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 547 (originating in the
Committee on Natural Resources)--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §22-11-31, relating to the West Virginia Water Research
Institute's development of a method for assessing the state's
narrative water quality standards; and determining whether streams
meet the federal Clean Water Act's designated use requirements.
With the recommendation that the committee substitute do pass;
but with the further recommendation that it first be referred to
the Committee on Finance; and then, under the original double
committee reference, to the Committee on the Judiciary.
Respectfully submitted,
William R. Laird IV,
Chair.
At the request of Senator Unger, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 547) contained in the
preceding report from the Committee on Natural Resources was taken
up for immediate consideration, read a first time and ordered to
second reading.
Thereafter, on motion of Senator Unger, the bill was referred to the Committee on Finance; and then, under the original double
committee reference, to the Committee on the Judiciary.
Senator Palumbo, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 549, Relating to funding for civil legal
services for poor.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 549 (originating in the
Committee on the Judiciary)--A Bill to amend and reenact §59-1-4,
§59-1-11 and §59-1-13 of the Code of West Virginia, 1931, as
amended, all relating to fees collected for docketing of civil
appeals to be used to enhance funding for civil legal services for
the poor; increasing fees for filing in circuit court; and creating
filing fee for Supreme Court of Appeals.
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.
At the request of Senator Palumbo, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 549) 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. 550, Allowing simulcast pari-mutuel racing
within gaming facilities located at historic resort hotels.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 550 (originating in the
Committee on the Judiciary)--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §19-23-12d; to amend and reenact §29-22A-6, §29-22A-10
and §29-22A-10c of said code; and to amend and reenact §29-25-19
and §29-25-22 of said code, all relating generally to gaming at
licensed racetracks and historic resort hotels; allowing simulcast
pari-mutuel racing located at historic resort hotels; defining
terms; permitting the issuing of licenses; providing for payments;
setting forth conditions for out-of-state tracks and interstate
pools; registering of persons conducting wagering activities;
setting forth the licensee's retainage; setting forth the amounts
of payments made by a licensee and to whom they are to be paid; requiring compliance with federal law; authorizing rulemaking;
exempting pari-mutuel wagering and equipment from state sales
taxes; permitting licensees at racetracks and historic resort
hotels to establish minimum and maximum wager limits at video
lottery terminals; authorizing the use of video lottery terminal
bill acceptors for all United States currency; reducing the
required life for capital investments by licensees at racetracks to
be reimbursed from the Capital Investment Fund; extending the time
for recoupment of expenditures for capital improvements; requiring
historic resort hotels to pay a portion of certain proceeds into
the Human Resources Fund; creating a Licensed Racetrack and
Historic Resort Hotel Facility Modernization Fund; requiring a
certain portion of a licensed racetrack's gross terminal income to
be deposited into that new fund; and defining terms.
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.
At the request of Senator Palumbo, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 550) 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. 552, Creating crime of financial exploitation
of elderly, protected or incapacitated person.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 552 (originating in the
Committee on the Judiciary)--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §61-2-29c, relating to crimes against the elderly,
protected persons or incapacitated persons; financial exploitation
of the elderly, protected persons and incapacitated adults for
misappropriating or misusing assets; permitting the prosecutor to
cumulate amounts or values when charging; permitting banking
institutions and others to report suspected financial exploitation
to law-enforcement authorities and other entities; permitting
financial institutions to disclose suspicious activity reports or
currency transaction reports to the prosecuting attorney; providing
civil immunity for reporting; ordering restitution; and
establishing the criminal penalty of larceny.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Corey Palumbo,
Chair.
Senator Snyder, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
Senate Bill No. 556, Relating to Water Development Authority
employees.
And reports the same back with the recommendation that it do
pass; but under the original double committee reference first be
referred to the Committee on Finance.
Respectfully submitted,
Herb Snyder,
Chair.
At the request of Senator Snyder, unanimous consent being
granted, the bill (S. B. No. 556) contained in the preceding report
from the Committee on Government Organization was taken up for
immediate consideration, read a first time, ordered to second
reading and, under the original double committee reference, was
then referred to the Committee on 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. 582, Relating to seals of notaries and
commissioners.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 582 (originating in the
Committee on Government Organization)--A Bill to amend and reenact
§29-4-15 of the Code of West Virginia, 1931, as amended, relating
to commissioners appointed by the Governor to acknowledge
signatures; and designating specific criteria for seals of
commissioners.
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. 589, Permitting Supreme Court of Appeals
create mental hygiene commissioner positions.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 589 (originating in the
Committee on the Judiciary)--A Bill to amend and reenact §27-4-1 and §27-4-3 of the Code of West Virginia, 1931, as amended; and to
amend said code by adding thereto a new section, designated §27-5-
2a, all relating to mental hygiene and voluntary and involuntary
commitments generally; increasing the age at which a minor may
refuse treatment from twelve to seventeen; requiring parental
permission when releasing children under eighteen from a treatment
facility; permitting the Supreme Court of Appeals to hire full-time
and part-time mental hygiene commissioners where it is economically
feasible; and clarifying that the state is not obligated to pay
hospitalization costs for voluntary commitments.
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.
At the request of Senator Palumbo, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 589) 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 Prezioso, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Senate Concurrent Resolution No. 37, Urging WV Delegation to
Congress oppose any action by Congress or President to reduce
funding for Community Service Block Grants.
And reports the same back with the recommendation that it be
adopted.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
The Senate proceeded to the thirteenth order of business.
At the request of Senator Yost, unanimous consent being
granted, it was ordered that the Journal show had Senator Yost been
present in the chamber on Monday, February 21, 2011, he would have
voted "yea" on the passage of Engrossed Committee Substitute for
Senate Bill No. 253, Engrossed Committee Substitute for Senate Bill
No. 334, Engrossed Committee Substitute for Committee Substitute
for Senate Bill No. 335, Engrossed Committee Substitute for Senate
Bill No. 390, Engrossed Committee Substitute for Senate Bill No.
407 and Engrossed Senate Bill No. 507; and on Tuesday, February 22,
2011, he would have voted "yea" on the passage of Engrossed
Committee Substitute for Senate Bill No. 193, Engrossed Committee
Substitute for Senate Bill No. 241, Engrossed Committee Substitute
for Senate Bill No. 243, Engrossed Committee Substitute for Senate
Bill No. 247, Engrossed Committee Substitute for Senate Bill No. 263, Engrossed Committee Substitute for Senate Bill No. 388,
Engrossed Committee Substitute for Senate Bill No. 460, Engrossed
House Bill No. 2556, Engrossed Committee Substitute for House Bill
No. 2882 and Engrossed Committee Substitute for House Bill No.
2962.
On motion of Senator Unger, a leave of absence for the day was
granted Senator Tomblin (Mr. President).
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Unger, the Senate adjourned until
tomorrow, Thursday, February 24, 2011, at 11 a.m.
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