WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
EIGHTIETH LEGISLATURE
REGULAR SESSION, 2012
FORTY-THIRD DAY
____________
Charleston, W. Va., Wednesday, February 22, 2012
The Senate met at 11 a.m.
(Senator Kessler, Mr. President, in the Chair.)
Prayer was offered by the Reverend Jeff Woods, St. James Missionary Baptist Church, Kistler, West Virginia.
The Putnam Family of Looneyville, West Virginia, then proceeded in the singing of “I’m Working on a Building” and “Are You Born Again?”
Pending the reading of the Journal of Tuesday, February 21, 2012,
On motion of Senator Stollings, 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 Clerk presented a communication from the Family Protection Services Board, submitting its annual report as required by chapter forty-eight, article twenty-six, section four hundred one of the code of West Virginia.
Which communication and report were received and filed with the Clerk.
The Senate proceeded to the third order of business.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage of
Eng. Senate Bill No. 30, Providing additional means to notify DMV of purchase of junked vehicle.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the adoption of
Senate Concurrent Resolution No. 17, Requesting DOH name bridge in Boone County "Fred York Memorial Bridge".
A message from The Clerk of the House of Delegates announced the concurrence by that body in the adoption of
Senate Concurrent Resolution No. 23, Requesting DOH name bridge in Boone County "Sgt. Ollie McComas, Jr., Memorial Bridge".
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 4053--A Bill to amend and reenact §30-29-3 the Code of West Virginia, 1931, as amended; to amend and reenact §61-2-14a of said code; and to amend said code by adding a new section, designated §61-2-14h, all relating to kidnapping and human trafficking; authorizing the Governor's Committee on Crime, Delinquency and Correction to establish standards governing training to effectively investigate human trafficking offenses and procedures for implementation of a course in investigation of human trafficking offenses; amending the elements of the crime of kidnapping; creating new criminal offenses of human trafficking, involuntary servitude, sexual servitude of a minor, unlawful conduct with respect to documents and obstruction of the enforcement of human trafficking provisions; and specifying the penalties for the new human trafficking-related criminal offenses.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 4070--A Bill to amend and reenact §18-10A-2a of the Code of West Virginia, 1931, as amended, relating to changing the basis for the county salary supplement equivalent pay rate for division of rehabilitation teachers from the amount paid to teachers by the board of education of the county in which facility in which the teacher works is located to the amount paid to teachers by the board of education of the county in which the division of rehabilitation administrative headquarters are located.
Referred to the Committee on Finance.
A message from The Clerk of the House of Delegates announced the passage by that body, to take effect from passage, and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 4088--A Bill to repeal §11-13B-1, §11-13B-2, §11-13B-3, §11-13B-4, §11-13B-5, §11-13B-6, §11-13B-7, §11-13B-8, §11-13B-9, §11-13B-10, §11-13B-10a, §11-13B-11, §11-13B-12, §11-13B-13, §11-13B-14, §11-13B-15, §11-13B-16, §11-13B-17, §11-13B-18 and §11-13B-19 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §11-10-5aa, all relating to repealing article creating the West Virginia Telecommunications Tax Act; and preserving provisions governing the confidentiality of and exemptions from disclosure of certain information received by tax commissioner during study of the business of telecommunications service and related businesses.
Referred to the Committee on Finance.
A message from The Clerk of the House of Delegates announced the passage by that body, to take effect from passage, and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 4398--A Bill finding and declaring certain claims against the state and its agencies to be moral obligations of the state; and directing the Auditor to issue warrants for the payment thereof.
Referred to the Committee on Finance.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. House Bill No. 4493--A Bill to amend and reenact §2-2-1a of the Code of West Virginia, 1931, as amended, relating to establishing special memorial days for certain military veterans; declaring March 30 as a special memorial day to be known as Vietnam Veteran Recognition Day.
At the request of Senator Unger, and by unanimous consent, reference of the bill to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.
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
Com. Sub. for House Concurrent Resolution No. 30--Requesting that a sign honoring Anna Wallace be placed at the intersection of U. S. Route 219 and West Virginia Route 39 at Mill Point, in Pocahontas County, West Virginia, that reads “Mill Point Unincorporated–Home of Anna Wallace”.
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. 51--Requesting the Division of Highways to name the bridge on Route 85, at Greenwood in Boone County, bridge number 3-85-7.71, as the “Robert Earchil Adams Memorial Bridge”.
Referred to the Committee on Transportation and Infrastructure.
A message from The Clerk of the House of Delegates announced the adoption by that body and requested the concurrence of the Senate in the adoption of
House Concurrent Resolution No. 63--Requesting the Division of Highways to name bridge design number 10369 on Route 10 over the Guyandotte River at Rita, Logan County, West Virginia, the “Dewayne Phillip Morgan Memorial Bridge”.
Referred to the Committee on Transportation and Infrastructure.
A message from The Clerk of the House of Delegates announced the adoption by that body and requested the concurrence of the Senate in the adoption of
House Concurrent Resolution No. 73--Honoring the members of the 78th Infantry Division and Proclaiming April 4th, 2012 as 78th Lightning Division Day.
Referred to the Committee on Military.
The Senate proceeded to the fourth order of business.
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. 4, Declaring child's right to nurse.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended; but under the original double committee reference first be referred to the Committee on the Judiciary.
Respectfully submitted,
Ron Stollings,
Chair.
At the request of Senator Stollings, unanimous consent being granted, the bill (S. B. No. 4) contained in the preceding report from the Committee on Health and Human Resources was taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee reference, was then referred to the Committee on the Judiciary, with an amendment from the Committee on Health and Human Resources pending.
Senator Beach, from the Committee on Transportation and Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had under consideration
Senate Bill No. 60, Creating felony for driving under influence and causing serious bodily injury.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 60 (originating in the Committee on Transportation and Infrastructure)--A Bill to amend and reenact §17C-5-2 of the Code of West Virginia, 1931, as amended, relating to making it a felony to drive a vehicle while under the influence of alcohol, controlled substance or other drug and recklessly causing serious bodily injury to another person; and establishing penalties for first and subsequent violations of certain provisions.
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 D. Beach,
Chair.
The bill (Com. Sub. for S. B. No. 60), 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. 76, 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. 76 (originating in the Committee on Government Organization)--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 building construction projects of public agencies and projects receiving state funds to be designed and constructed complying with the ICC International Energy Conservation Code and the ANSI/ASHRAE/IESNA Standard 90.1-2007.
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,
Herb Snyder,
Chair.
The bill (Com. Sub. for S. B. No. 76), 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
Com. Sub. for Senate Bill No. 110 (originating in the Committee on Transportation and Infrastructure), Expanding membership, powers and duties of Broadband Deployment Council.
And reports back a committee substitute for same with the following title:
Com. Sub. for Com. Sub. for Senate Bill No. 110 (originating in the Committee on Government Organization)--A Bill to amend and reenact §31-15C-3 and §31-15C-4 of the Code of West Virginia, 1931, as amended, all relating to modifying and increasing the membership of the Broadband Deployment Council; and expanding the powers and duties of the Broadband Deployment Council.
With the recommendation that the committee substitute for committee substitute do pass.
Respectfully submitted,
Herb Snyder,
Chair.
Senator Beach, from the Committee on Transportation and Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had under consideration
Senate Bill No. 139, Making failure to wear safety belts primary offense.
And reports the same back with the recommendation that it do pass; but under the original double committee reference first be referred to the Committee on the Judiciary.
Respectfully submitted,
Robert D. Beach,
Chair.
The bill, 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. 169, Decreasing number of jurors on municipal jury in criminal matters.
And,
Senate Bill No. 588, Relating to Wholesale Drug Distribution Licensing Act of 1991.
And reports the same back with the recommendation that they each do pass; but under the original double committee references first be referred to the Committee on the Judiciary.
Respectfully submitted,
Herb Snyder,
Chair.
The bills, under the original double committee references, were then referred to the Committee on the Judiciary.
Senator Stollings, from the Committee on Health and Human Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under consideration
Senate Bill No. 201, Creating Unintentional Pharmaceutical Drug Overdose Fatality Review Team.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 201 (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 §61-12A-1, §61-12A-2, §61-12A-3, §61-12A-4, §61-12A-5 and §61-12A-6, all relating to the creation of the Unintentional Pharmaceutical Drug Overdose Fatality Review Team under the Office of the Chief Medical Examiner; setting forth legislative findings; setting forth membership of the team and terms of office; setting forth responsibilities of the team; providing for certain actions the team may not take in exercising its duties; providing for an annual report to the Governor and Legislature and its contents; providing for confidentiality of the team’s proceedings, records and opinions; setting forth record-keeping requirements; authorizing access to certain records; requiring other state and local agencies to cooperate with the team; and granting rule-making authority.
With the recommendation that the committee substitute do pass; but with the further recommendation that it first be referred to the Committee on Finance.
Respectfully submitted,
Ron Stollings,
Chair.
At the request of Senator Stollings, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 201) contained in the preceding report from the Committee on Health and Human Resources was taken up for immediate consideration, read a first time and ordered to second reading.
On motion of Senator Stollings, the bill (Com. Sub. for S. B. No. 201) was 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. 212, Creating criminal offense for disrupting emergency communications.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 212 (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 §61-3-49b, relating to the disruption of communications and public utility services; defining terms; and establishing criminal penalties.
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. 354, Relating to filling vacancies in certain county offices.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended; but under the original double committee reference first be referred to the Committee on the Judiciary.
Respectfully submitted,
Herb Snyder,
Chair.
The bill, under the original double committee reference, was then referred to the Committee on the Judiciary, with an amendment from the Committee on Government Organization pending.
Senator Snyder, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration
Senate Bill No. 392, Increasing public service district board members' salaries.
And,
Senate Bill No. 620, Permitting Harrison County Commission levy special district excise tax.
And reports the same back with the recommendation that they each do pass; but under the original double committee references first be referred to the Committee on Finance.
Respectfully submitted,
Herb Snyder,
Chair.
The bills, 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
Com. Sub. for Senate Bill No. 437 (originating in the Committee on Health and Human Resources), Relating generally to substance abuse.
And reports back a committee substitute for same with the following title:
Com. Sub. for Com. Sub. for Senate Bill No. 437 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §16-1-4 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new article, designated §16-5H-1, §16-5H-2, §16-5H-3, §16-5H-4, §16-5H-5, §16-5H-6, §16-5H-7, §16-5H-8 and §16-5H-9; to amend and reenact §30-1-7a of said code; to amend and reenact §30-5-3 of said code; to amend and reenact §60A-3-308 of said code; to amend and reenact §60A-9-3, §60A-9-4, §60A-9-5 and §60A-9-7 of said code; to amend said code by adding thereto three new sections, designated §60A-9-4a, §60A-9-5a and §60A-9-8; to amend and reenact §60A-10-3, §60A-10-4, §60A-10-5, §60A-10-7, §60A-10-8 and §60A-10-11 of said code; and to amend and reenact §61-12-10 of said code, all relating to substance abuse generally; addressing the regulation of opioid treatment programs in this state; updating rules for opioid treatment program facilities to require clinical guidelines, recovery models, education and training requirements for treatment facility staff and treatment limitations and requirements; addressing the licensing and oversight of chronic pain management clinics; creating the Chronic Pain Clinic Licensing Act; providing definitions; establishing requirements for ownership, licensure, operation and management of pain management clinics; establishing limitations on the dispensing of controlled substances at a pain management clinic; requiring annual inspections of pain management clinics; providing for suspension or revocation of a pain management clinic license and setting forth due process requirements; providing for prohibitions on practicing at or operating a pain management clinic under certain circumstances; providing civil penalties regarding pain management clinics; providing for notice requirements to applicable licensing boards; requiring rules for the licensure of pain management clinics; removing requirement of certain licensed or certified health care professionals to complete continuing education course work on the subject of end-of-life care; requiring certain licensed or certified health care professionals to complete drug diversion training and best practice prescribing of controlled substances training; requiring certain licensing boards to establish drug diversion training and best practice prescribing of controlled substances training; requiring a valid practitioner-patient relationship to exist prior to compounding or dispensing prescriptions; requiring that buprenophine combined with naloxone prescribed or dispensed for treatment for opioid addiction be in the form of sublingual film unless medically contraindicated as of September 1, 2012; clarifying certain circumstances that do not establish a valid practitioner-patient relationship; requiring certain persons to submit information to the Controlled Substances Monitoring Program database within twenty-four hours; requiring additional information to be submitted to the Controlled Substances Monitoring Program database; clarifying that reporting is required for certain amounts of drugs dispensed to patients; requiring verification of certain information reported to the Controlled Substances Monitoring Program database; providing certain requirements and training for law-enforcement officials in order to access the Controlled Substances Monitoring Program database; permitting the Controlled Substances Monitoring Program Database Review Committee to query the Controlled Substances Monitoring Program database; requiring the Board of Pharmacy to review the Controlled Substances Monitoring Program database in order to issue certain reports; permitting the Board of Pharmacy to share certain information contained in the Controlled Substances Monitoring Program database with the Department of Health and Human Resources; requiring the Board of Pharmacy to establish an advisory committee; setting forth the membership of the advisory committee; outlining the advisory committee’s scope and duties; requiring the Board of Pharmacy to create a Controlled Substances Monitoring Program Database Review Committee; setting forth the membership of the review committee; outlining the review committee’s scope, powers and duties; requiring the Board of Pharmacy to promulgate certain legislative rules; permitting prescribing practitioners to notify law enforcement of certain violations with immunity; requiring the Board of Pharmacy to provide annual reports to the Legislature; requiring various boards that regulate professions with prescriptive authority to require persons licensed by the board to conduct an initial search of the Controlled Substances Monitoring Program database when prescribing a course of treatment that includes prescribing of pain-relieving controlled substances and an annual search of the Controlled Substances Monitoring Program database for certain patients; setting forth penalties for failing to search the Controlled Substances Monitoring Program database in certain circumstances; establishing a felony offense and penalties for unauthorized access, use or disclosure of information contained in the Controlled Substances Monitoring Program database; creating Fight Substance Abuse Fund and setting forth permissible uses for fund; defining terms and updating definitions in the Methamphetamine Laboratory Eradication Act; establishing reduced monthly amount restrictions on the sale, transfer, dispensing or possession of ephedrine, pseudoephedrine and phenylpropanolamine by pharmacies; establishing criminal penalties for purchasing, receiving or possessing certain quantities of ephedrine, pseudoephedrine and phenylpropanolamine; establishing criminal penalties for pharmacies, wholesalers or other entities which sell, transfer or dispense a product under certain circumstances; amending the restrictions on the sale, transfer or delivery of certain designated precursors to the manufacture of methamphetamine or other controlled substances; requiring offer of patient counseling by a pharmacist upon the sale, transfer or delivery of certain designated precursors to the manufacture of methamphetamine or other controlled substances; requiring certain processing requirements of pharmacists, pharmacy intern and pharmacy technicians; establishing use and requirements of the Multi-State Real-Time Tracking System; requiring pharmacies and retail establishments to electronically submit certain information to the Multi-State Real-Time Tracking System; requiring pharmacies and retail establishments to stop pending sales under certain circumstances; limiting liability of retailers utilizing the Multi-State Real-Time Tracking System under certain circumstances; requiring pharmacies or retail establishments to maintain written logs or electronic record-keeping databases under certain circumstances; providing supersession and preemption of all local laws, ordinances and regulations pertaining to the sale of certain substances; amending reporting requirements and requiring real-time electronic reporting of certain information; providing for law- enforcement access to information pertaining to the sale of certain substances; allowing sheriffs and designees access to the database; requiring the National Association of Drug Diversion Investigators to forward certain records to the West Virginia State Police and provide real-time access to the Multi-State Real-Time Tracking System to law enforcement; requiring the West Virginia State Police to submit an annual report with data and statistics on methamphetamine use, production and distribution; and requiring the chief medical officer to provide notice to the Controlled Substance Monitoring Program Database Review Committee in the case of a death caused by overdose.
With the recommendation that the committee substitute for committee substitute do pass.
Respectfully submitted,
Corey Palumbo,
Chair.
At the request of Senator Palumbo, unanimous consent being granted, the bill (Com. Sub. for Com. Sub. for S. B. No. 437) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.
On motion of Senator Palumbo, the bill (Com. Sub. for Com. Sub. for S. B. No. 437) was referred to the Committee on Finance.
Senator Miller, from the Committee on Agriculture, submitted the following report, which was received:
Your Committee on Agriculture has had under consideration
Senate Bill No. 479, Creating Spay Neuter Assistance Fund.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 479 (originating in the Committee on Agriculture)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §19-20C-1, §19-20C-2, §19-20C-3, §19-20C-4, §19-20C-5, §19-20C-6 and §19-20C-7, all relating to establishing the West Virginia Spay Neuter Program and Fund; establishing low-cost spay neuter and vaccination program for residents receiving public assistance; creating list of participating veterinarians to be reimbursed eighty percent of the cost; creating voluntary checkoff option to donate a portion of the tax refund to the fund; designating the Commissioner of the Department of Agriculture to manage the fund and program; limiting administrative expenses of fund; requiring annual reporting; authorizing rulemaking; and permitting administrative penalties.
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,
Ronald F. Miller,
Chair.
The bill (Com. Sub. for S. B. No. 479), under the original double committee reference, was then referred to the Committee on the Judiciary.
Senator Stollings, from the Committee on Health and Human Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under consideration
Senate Bill No. 514, Deeming retail establishments with roll-your-own cigarette machines manufacturers.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 514 (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 §16-9D-11, relating to providing that any person who maintains a roll-your-own cigarette machine at a retail establishment is deemed a manufacturer of cigarettes and that the resulting product is deemed to be cigarettes sold to a consumer for purposes of the Tobacco Master Settlement Agreement, enforcement of the Tobacco Master Settlement Agreement, tobacco products excise tax and reduced cigarette ignition propensity.
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,
Ron Stollings,
Chair.
The bill (Com. Sub. for S. B. No. 514), 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. 522, Creating WVU Shale Research, Education, Policy and Economic Development Center.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 522 (originating in the Committee on Education)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §18B-11C-1, §18B-11C-2 and §18B-11C-3; and to amend said code by adding thereto a new article, designated §18B-11D-1, §18B-11D-2, §18B-11D-3, §18B-11D-4, §18B-11D-5 and §18B-11D-6, all relating to higher education centers and institutes generally; setting forth legislative findings and intent; providing definitions; establishing criteria for center creation and approval; requiring certain rules; creating the Shale Research, Education, Policy and Economic Development Center at West Virginia University; setting forth legislative findings and purposes; and providing certain powers and duties of West Virginia University Board of Governors, the center and the center director.
With the recommendation that the committee substitute do pass; but under the original double committee reference first be referred to the Committee on Finance.
Respectfully submitted,
Robert H. Plymale,
Chair.
The bill (Com. Sub. for S. B. No. 522), under the original double committee reference, was then referred to the Committee on Finance.
Senator Stollings, from the Committee on Health and Human Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under consideration
Senate Bill No. 538, Relating to standards for registered family child care homes.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 538 (originating in the Committee on Health and Human Resources)--A Bill to amend and reenact §49-2E-2 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §49-2E-2a, all relating to removing the requirement that program standards for registered family child care homes and all licensed programs be included as part of the rule to implement a quality rating and improvement system; and requiring instead that the secretary establish and maintain these standards.
With the recommendation that the committee substitute do pass; but under the original double committee reference first be referred to the Committee on Government Organization.
Respectfully submitted,
Ron Stollings,
Chair.
The bill (Com. Sub. for S. B. No. 538), under the original double committee reference, was then referred to the Committee on Government Organization.
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. 547, Relating to certain criminal conviction expungement.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 547 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §61-11-26 of the Code of West Virginia, 1931, as amended, relating to the expungement of certain criminal convictions generally; permitting expungement of certain felony convictions; establishing the amount of time after conviction of a felony before expungement may be sought; and creating exceptions.
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. 596, Prohibiting child erotica.
And reports the same back with the recommendation that it 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. 606, Relating to property forfeiture related to child pornography arrests and computer crimes.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended.
Respectfully submitted,
Corey Palumbo,
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. 624, Permitting transfer of certain alternative-fuel motor vehicles tax credit.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 624 (originating in the Committee on Economic Development)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-6D-10; and to amend said code by adding thereto a new section, designated §11-14C-5a, all relating generally to use of alternative-fuel motor vehicles; permitting transfer of tax credits for purchase of alternative-fuel vehicles, conversion to an alternative-fuel vehicle or construction of alternative-fuel vehicle infrastructure; providing method of collection of motor fuel excise taxes when liquified natural gas or compressed natural gas are used as motor fuel; and specifying expiration date.
With the recommendation that the committee substitute do pass; but under the original double committee reference first be referred to the Committee on Finance.
Respectfully submitted,
Richard Browning,
Chair.
The bill (Com. Sub. for S. B. No. 624), under the original double committee reference, was then referred to the Committee on Finance.
Senator Browning, from the Committee on Economic Development, submitted the following report, which was received:
Your Committee on Economic Development has had under consideration
Senate Bill No. 625, Reducing capital improvement original cost and new investment cost requirements for qualified capital additions to manufacturing facilities.
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,
Richard Browning,
Chair.
The bill, under the original double committee reference, was then referred to the Committee on Finance, with an amendment from the Committee on Economic Development pending.
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. 646, Requiring State Board of Education study GED issues.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Robert H. Plymale,
Chair.
Senator Miller, from the Committee on Agriculture, submitted the following report, which was received:
Your Committee on Agriculture has had under consideration
Senate Bill No. 655, Allowing licensure of certain veterinarians by endorsement.
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 Government Organization.
Respectfully submitted,
Ronald F. Miller,
Chair.
The bill, under the original double committee reference, was then referred to the Committee on Government Organization.
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. 667, Updating WV schedules of controlled substances.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 667 (originating in the Committee on Health and Human Resources)--A Bill to amend and reenact §60A-1-101 of the Code of West Virginia, 1931, as amended; and to amend and reenact §60A-2-204, §60A-2-206, §60A-2-208, §60A-2-210 and §60A-2-212 of said code, all relating generally to schedules of controlled substances; modifying definitions; and updating West Virginia schedules of controlled substances to include certain substances found in the federal schedules of controlled substances.
With the recommendation that the committee substitute do pass; but under the original double committee reference first be referred to the Committee on the Judiciary.
Respectfully submitted,
Ron Stollings,
Chair.
The bill (Com. Sub. for S. B. No. 667), under the original double committee reference, was then referred to the Committee on the Judiciary.
Senator Miller, from the Committee on Agriculture, submitted the following report, which was received:
Your Committee on Agriculture has had under consideration
Senate Bill No. 671, Imposing consumers sales tax on utility terrain vehicles; exemption.
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 Transportation and Infrastructure.
Respectfully submitted,
Ronald F. Miller,
Chair.
The bill, under the original double committee reference, was then referred to the Committee on Transportation and Infrastructure.
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. 674 (originating in the Committee on Economic Development)--A Bill to amend and reenact §12-7-5, §12-7-6, §12-7-7 and §12-7-11 of the Code of West Virginia, 1931, as amended, all relating generally to the Jobs Investment Trust; permitting Jobs Investment Trust Board to deposit funds into financial institution of its choice; expanding powers of Jobs Investment Trust Board to allow supplemental investments and creation of board committees; defining “total investment portfolio”; expanding information required to be made public; modernizing provisions of Jobs Investment Trust; making technical clarifications; and deleting obsolete language.
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,
Richard Browning,
Chair.
On motion of Senator Browning, the bill (S. B. No. 674) contained in the foregoing report from the Committee on Economic Development was 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 Concurrent Resolution No. 16, Requesting DOH name bridge in Wetzel County "Ralph Ice Memorial Bridge".
And reports back a committee substitute for same as follows:
Com. Sub. for Senate Concurrent Resolution No. 16 (originating in the Committee on Transportation and Infrastructure)--Requesting the Division of Highways to name the bridge on WV Route 82, crossing South Fork Fishing Creek in Wetzel County, bridge number 52-82-0.03, as the “Ralph Ice Bridge”.
Whereas, Ralph Ice was born on March 31, 1921, in Smithfield, West Virginia, one of twelve children of Esten and Flossie Bell Ice; and
Whereas, Ralph Ice enlisted in the United States Army in 1942, and was sent to fight in Battle of the Bulge in 1944; and
Whereas, Ralph Ice was a member of the 89th Infantry Division that liberated Ohrdruf, the first Nazi concentration camp to be liberated by U. S. Troops in Germany, on April 4, 1945; and
Whereas, Ralph Ice was awarded the Bronze Star Medal, the Combat Infantry Medal, and a medal for Service Behind Enemy Lines, all earned for his brave service in Germany, England, Belgium and Austria; and
Whereas, Ralph Ice married Fairy Louise LaSure Kelley in 1946, and together they moved to Jacksonburg, WV, where they raised six children and two foster children; and
Whereas, Ralph Ice was the longest serving Postmaster of Jacksonburg, serving thirty-nine years from 1948 until 1986; and
Whereas, Ralph Ice was the President of the Jacksonburg School PTA and the Sportsman’s Club of Buffalo, and was instrumental getting the Jacksonburg streets paved; and
Whereas, Ralph Ice and his family moved to New Martinsville in 1972, where they opened Magnolia Carpet Store; and
Whereas, It is fitting to honor Ralph Ice for his life-long service to our nation and his community; and
Whereas, The naming of a bridge in honor of Ralph Ice’s exemplary life is but a small gesture of gratitude and appreciation; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways to name the bridge on WV Route 82, crossing South Fork Fishing Creek in Wetzel County, bridge number 52-82-0.03, as the “Ralph Ice Bridge”; and, be it
Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the bridge as the “Ralph Ice Bridge”; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation, the Commissioner of Highways, Ralph Ice and the family of Ralph Ice.
With the recommendation that the committee substitute be adopted.
Respectfully submitted,
Robert D. Beach,
Chair.
Senator Beach, from the Committee on Transportation and Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had under consideration
Senate Concurrent Resolution No. 30, Requesting DOH name portion of Rt. 85 in Boone County "BM2 Michael V. Dunlap and PFC Darrell E. Dunlap Memorial Highway".
Senate Concurrent Resolution No. 31, Requesting DOH name portion of Logan County Rt. 10 "Terry Lee Vance II Memorial Highway".
Senate Concurrent Resolution No. 32, Requesting DOH name portion of Rt. 10 in Lincoln County "Jerry Lee Richards Memorial Highway".
Senate Concurrent Resolution No. 36, Requesting DOH name bridge in McDowell County "Corporal John A. Gero Memorial Bridge".
Senate Concurrent Resolution No. 39, Requesting DOH name bridge in Berkeley County "Dr. Max O. and Evelyn S. Oates Memorial Bridge".
Senate Concurrent Resolution No. 41, Requesting DOH name bridge in Raleigh County "Fire Captain Fred Burroughs Memorial Bridge".
Com. Sub. for House Concurrent Resolution No. 7, The "Second Lieutenant Theodore Remington Woo Memorial Bridge".
House Concurrent Resolution No. 8, The "All-American Rod Thorn Interchange".
House Concurrent Resolution No. 15, The "Technician Fifth Grade Victor A. Osburn Memorial Bridge".
House Concurrent Resolution No. 16, The "Staff Sergeant Cecil Y. Ware Memorial Bridge".
House Concurrent Resolution No. 18, The "Aster C. Adkins Memorial Bridge".
Com. Sub. for House Concurrent Resolution No. 21, The "Junior Ellsworth Reed Memorial Bridge".
Com. Sub. for House Concurrent Resolution No. 28, The "L/CPL David Lee Cosner Memorial Bridge".
House Concurrent Resolution No. 35, The "Sergeant Larry W. Kinder Memorial Highway".
House Concurrent Resolution No. 37, The "PFC James J. Waters Memorial Bridge".
Com. Sub. for House Concurrent Resolution No. 38, The "Vietnam Veteran Highway, In Honor of Cpl. Robert Lee Fleck, Sgt. Nile Dean Shumate, Cpl. Dana Edward Nelson and Cpl. James Charles Crose".
House Concurrent Resolution No. 39, The "PFC Herbert B. Murphy Memorial Bridge".
House Concurrent Resolution No. 40, The "Norbert E. Eagloski Memorial Bridge".
House Concurrent Resolution No. 50, The "Captain John Hanson McNeill CSA Memorial Bridge".
House Concurrent Resolution No. 52, The "George William Brumfield Memorial Bridge".
House Concurrent Resolution No. 55, The "Walter R. Akers Memorial Intersection".
House Concurrent Resolution No. 56, The "Lucille Stalnaker Bridge".
House Concurrent Resolution No. 60, The "Tpr. Hugh D. Swartz Memorial Barracks".
And,
House Concurrent Resolution No. 65, The "Perry Brothers Memorial Highway".
And reports the same back with the recommendation that they each be adopted.
Respectfully submitted,
Robert D. Beach,
Chair.
At the request of Senator Unger, unanimous consent being granted, the resolutions (S. C. R. No. 30, S. C. R. No. 31, S. C. R. No. 32, S. C. R. No. 36, S. C. R. No. 39, S. C. R. No. 41, Com. Sub. for H. C. R. No. 7, H. C. R. No. 8, H. C. R. No. 15, H. C. R. No. 16, H. C. R. No. 18, Com. Sub. for H. C. R. No. 21, Com. Sub. for H. C. R. No. 28, H. C. R. No. 35, H. C. R. No. 37, Com. Sub. for H. C. R. No. 38, H. C. R. No. 39, H. C. R. No. 40, H. C. R. No. 50, H. C. R. No. 52, H. C. R. No. 55, H. C. R. No. 56, H. C. R. No. 60 and H. C. R. No. 65) contained in the preceding report from the Committee on Transportation and Infrastructure were taken up for immediate consideration and considered simultaneously.
The question being on the adoption of the resolutions, 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.
The Senate proceeded to the sixth order of business.
Senators Sypolt, Jenkins, Unger and Minard offered the following resolution:
Senate Resolution No. 38--Designating February 22, 2012, as “West Virginia Home School Day” at the Capitol.
Whereas, The State of West Virginia is committed to excellence in education; and
Whereas, The State of West Virginia recognizes that parental involvement and individualized attention to educational success are unique and basic components of home schooling; and
Whereas, Home-schooled students exhibit self-confidence and good citizenship and are prepared academically to meet the challenges of today’s society; and
Whereas, Contemporary studies continue to confirm that children who are educated at home score exceptionally well on national achievement tests and score above the national average on SAT and ACT tests; and
Whereas, Home-schooled students have shown to be competitive with publicly and privately schooled students at the college level; therefore, be it
Resolved by the Senate:
That the Senate hereby designates February 22, 2012, as “West Virginia Home School Day” at the Capitol; and, be it
Further Resolved, That the Senate recognizes students, teachers and families involved with home schooling in West Virginia for their dedication to excellence in education; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the West Virginia Home Educators Association and the Christian Home Educators of West Virginia.
At the request of Senator Sypolt, unanimous consent being granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.
On motion of Senator Unger, the Senate recessed for one minute.
Upon expiration of the recess, the Senate reconvened and resumed business under the sixth order.
Senators Plymale, Foster, Jenkins, Unger, Kessler (Mr. President), Stollings, Chafin, Minard, Laird, Yost, Klempa and Prezioso offered the following resolution:
Senate Resolution No. 39--Designating Wednesday, February 22, 2012, as “West Virginia Community and Technical College Board of Governors Association Day” at the Legislature.
Whereas, The West Virginia Community and Technical College Board of Governors Association is composed of members of Boards of Governors of community and technical colleges in West Virginia; and
Whereas, The purpose of this association is to promote and enhance West Virginia’s Community and Technical Colleges on a statewide basis; and
Whereas, This association advocates the major positions of the community and technical colleges collectively; and
Whereas, This association provides educational opportunities with regard to duties and responsibilities of board members and other matters requiring training; and
Whereas, This association addresses issues common to the community and technical colleges in order to set the advocacy agenda for the coming year; and
Whereas, These functions are critical to the success of West Virginia’s community and technical colleges; and
Whereas; Community and technical education is a crucial piece of preparing our state for tomorrow’s economy; therefore, be it
Resolved by the Senate:
That the Senate hereby designates Wednesday, February 22, 2012, as “West Virginia Community and Technical College Board of Governors Association Day” at the Legislature; and, be it
Further Resolved, That the Senate recognizes the importance of community and technical college education to the future of our state’s workforce and citizenry; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the West Virginia Community and Technical College Board of Governors Association.
At the request of Senator Plymale, unanimous consent being granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.
On motion of Senator Unger, the Senate recessed for one minute.
Upon expiration of the recess, the Senate reconvened and proceeded to the seventh order of business.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 47, Requesting DOH name portion of WV Rt. 129 in Nicholas County "St. Patrick Boulevard".
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. 48, Requesting Joint Committee on Government and Finance study recoupment of law-enforcement investigative costs.
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. 12, Authorizing operation of low-speed vehicles in municipalities.
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, Foster, Green, Hall, Helmick, Jenkins, Kirkendoll, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Mr. President)--33.
The nays were: None.
Absent: Fanning--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 12) 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. 145, Allowing certain higher education students opt out of institutional insurance coverage.
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, Foster, Green, Hall, Helmick, Jenkins, Kirkendoll, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Mr. President)--33.
The nays were: None.
Absent: Fanning--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 145) 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. 185, Relating to Employee Suggestion Award 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, Foster, Green, Hall, Helmick, Jenkins, Kirkendoll, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Mr. President)--33.
The nays were: None.
Absent: Fanning--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 185) 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. 369, Permitting Deputy Sheriff Retirement System retirants to modify benefit options upon divorce.
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, Foster, Green, Hall, Helmick, Jenkins, Kirkendoll, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Mr. President)--33.
The nays were: None.
Absent: Fanning--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 369) 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. 371, Providing school system under declared state of emergency participate as innovation zone pilot project.
On third reading, coming up in regular order, was read a third time and put upon its passage.
Pending discussion,
The question being “Shall Engrossed Committee Substitute for Senate Bill No. 371 pass?”
On the passage of the bill, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Foster, Green, Hall, Helmick, Jenkins, Kirkendoll, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Mr. President)--33.
The nays were: None.
Absent: Fanning--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 371) passed with its title.
Senator Unger moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Foster, Green, Hall, Helmick, Jenkins, Kirkendoll, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Mr. President)--33.
The nays were: None.
Absent: Fanning--1.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 371) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Thereafter, at the request of Senator Prezioso, and by unanimous consent, the remarks by Senator Plymale regarding the passage of Engrossed Committee Substitute for Senate Bill No. 371 were ordered printed in the Appendix to the Journal.
Eng. Com. Sub. for Senate Bill No. 406, Regulating commercial dog-breeding operations.
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, Foster, Green, Hall, Helmick, Jenkins, Kirkendoll, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Mr. President)--33.
The nays were: None.
Absent: Fanning--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 406) 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. 468, Allowing Courthouse Facilities Improvement Authority issue bonds.
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, Foster, Green, Hall, Helmick, Jenkins, Kirkendoll, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Mr. President)--33.
The nays were: None.
Absent: Fanning--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 468) 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 Com. Sub. for Senate Bill No. 478, Creating apprentice hunting and trapping license.
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, Foster, Green, Hall, Helmick, Jenkins, Kirkendoll, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Mr. President)--33.
The nays were: None.
Absent: Fanning--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for Com. Sub. for S. B. No. 478) 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. 526, Relating to dedication of proceeds from county excise tax on transfer of real property.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Beach, Boley, Browning, Chafin, Edgell, D. Facemire, Foster, Green, Helmick, Jenkins, Kirkendoll, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Mr. President)--29.
The nays were: Barnes, K. Facemyer, Hall and Sypolt--4.
Absent: Fanning--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 526) 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. 555, Providing contractor exception to sales and use tax exemption for certain nonprofit youth organization.
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, Foster, Green, Hall, Helmick, Jenkins, Kirkendoll, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Mr. President)--33.
The nays were: None.
Absent: Fanning--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 555) 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, Foster, Green, Hall, Helmick, Jenkins, Kirkendoll, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Mr. President)--33.
The nays were: None.
Absent: Fanning--1.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 555) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Senate Bill No. 568, Relating to college and career readiness initiative.
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, Foster, Green, Hall, Helmick, Jenkins, Kirkendoll, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Mr. President)--33.
The nays were: None.
Absent: Fanning--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 568) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 603, Establishing entity for operation of morale, welfare and recreation military 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, Foster, Green, Hall, Helmick, Jenkins, Kirkendoll, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Mr. President)--32.
The nays were: Sypolt--1.
Absent: Fanning--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 603) 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. 113, Observing week in which December 7 falls as Pearl Harbor and Military Appreciation week.
On second reading, coming up in regular order, was reported by the Clerk.
At the request of Senator Unger, unanimous consent being granted, the bill was laid over one day, retaining its place on the calendar.
Com. Sub. for Com. Sub. for Senate Bill No. 501, Requiring health insurance coverage of certain hearing aids.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 544, Extending expiration date for certain diesel-powered motor vehicle idling restrictions.
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.
The following bills on first reading, coming up in regular order, were each read a first time and ordered to second reading:
Senate Bill No. 496, Modifying DEP requirement of greenhouse gas emissions' inventory.
Com. Sub. for Senate Bill No. 551, Providing limitation exception for certain mortgage modification loans.
Com. Sub. for Com. Sub. for Senate Bill No. 564, Creating Aviation Fund and Fleet Management Office Fund.
Com. Sub. for Senate Bill No. 566, Relating to contracts with nonprofit and charitable entities for inmate work-release and transitional housing; court-ordered direct placement.
Senate Bill No. 575, Repealing code related to prior disability under Emergency Medical Services Retirement System.
Senate Bill No. 673, Expiring funds from MAPS, Office of the Secretary and making supplementary appropriation to MAPS, Division of Corrections, Correctional Units.
Eng. House Bill No. 4087, Continuing the discontinuance of the severance and business privilege tax on the privilege of severing timber.
And,
Eng. House Bill No. 4415, Authorize a Prince Railroad Station Authority to acquire and maintain the railroad station building.
On motion of Senator Unger, the Senate recessed until 4 p.m. today.
Upon expiration of the recess, the Senate reconvened and, without objection, returned to the third order of business.
Executive Communications
The Clerk then presented communications from His Excellency, the Governor, advising that on February 22, 2012, he had approved Enr. Senate Bill No. 209, Enr. Senate Bill No. 210 and Enr. House Bill No. 4291.
The Senate again proceeded to the fourth order of business.
Senator Kirkendoll, 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. 157, Dedicating portion of oil and gas severance tax to county of origin.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 157 (originating in the Committee on Energy, Industry and Mining)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-13A-5b, relating to reallocating and dedicating three percent of oil and gas severance tax revenues up to $20 million annually to the oil- and gas-producing counties of origin and their respective municipalities; establishing state and local oil- and gas-county reallocated severance tax funds and providing for distribution of the moneys to the county commissions and governing bodies of the municipalities by the State Treasurer; establishing amounts each oil- and gas-producing county and their respective municipalities are to receive; requiring the creation of local funds into which moneys are to be deposited; requiring moneys be expended solely for economic development projects and infrastructure projects; providing definitions; providing restrictions on the expenditure of moneys; providing duties of State Tax Commissioner; requiring report of expenditures to Joint Committee on Government and Finance; providing audits of distributed funds when authorized by the Joint Committee on Government and Finance; and authorizing legislative and emergency rules.
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,
Art Kirkendoll,
Vice Chair.
The bill (Com. Sub. for S. B. No. 157), 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. 450, Removing bobcats from tag requirement.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
William R. Laird IV,
Chair.
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. 615, Conforming WV Water Pollution Control Act with federal Clean Water Act.
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,
William R. Laird IV,
Chair.
At the request of Senator Laird, unanimous consent being granted, the bill (S. B. No. 615) contained in the preceding report from the Committee on Natural Resources was taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee reference, was then referred to the Committee on the Judiciary.
Senator Klempa, from the Committee on Interstate Cooperation, submitted the following report, which was received:
Your Committee on Interstate Cooperation has had under consideration
Senate Concurrent Resolution No. 38, Requesting Joint Committee on Judiciary study Uniform Common Interest Ownership Act.
And reports back a committee substitute for same as follows:
Com. Sub. for Senate Concurrent Resolution No. 38 (originating in the Committee on Interstate Cooperation)--Requesting the Committee on Interstate Cooperation to study whether the State of West Virginia should revise its current Uniform Common Interest Ownership Act.
Whereas, The State of West Virginia first adopted a Uniform Common Interest Ownership Act more than two decades ago; and
Whereas, The National Conference of Commissioners on Uniform State Laws has presented various updated versions of the Uniform Common Interest Ownership Act Since West Virginia first adopted a version of the act; and
Whereas, Parts of the state act have been updated from time to time; and
Whereas, The West Virginia Legislature has not made a comprehensive study of the entire act to fully consider whether parts of the state act should be revised to conform to updated versions presented by the National Conference of Commissioners on Uniform State Laws and adopted by other states; and
Whereas, The growth in ownership of condominiums and other common interest communities in the state underscores the importance of having a body of laws which address current concerns in the area of common interest ownership; therefore, be it
Resolved by the Legislature of West Virginia:
That the Committee on Interstate Cooperation is hereby requested to study whether the State of West Virginia should revise its current Uniform Common Interest Ownership Act; and, be it
Further Resolved, That the Committee on Interstate Cooperation report to the regular session of the Legislature, 2013, 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.
With the recommendation that the committee substitute be adopted; but under the original double committee reference first be referred to the Committee on Rules.
Respectfully submitted,
Orphy Klempa,
Chair.
The resolution (Com. Sub. for S. C. R. No. 38), under the original double committee reference, was then referred to the Committee on Rules.
The Senate proceeded to the eleventh order of business and the introduction of guests.
The Senate then proceeded to the twelfth order of business.
Remarks were made by Senator Stollings.
The Senate next proceeded to the thirteenth order of business.
At the request of Senator Fanning, unanimous consent being granted, it was ordered that the Journal show had Senator Fanning been present in the chamber in earlier proceedings today, he would have voted “yea” on the passage of Engrossed Committee Substitute for Senate Bill No. 12, Engrossed Committee Substitute for Senate Bill No. 145, Engrossed Committee Substitute for Senate Bill No. 185, Engrossed Committee Substitute for Senate Bill No. 369, Engrossed Committee Substitute for Senate Bill No. 371, Engrossed Committee Substitute for Senate Bill No. 406, Engrossed Committee Substitute for Senate Bill No. 468, Engrossed Committee Substitute for Committee Substitute for Senate Bill No. 478, Engrossed Committee Substitute for Senate Bill No. 526, Engrossed Committee Substitute for Senate Bill No. 555, Engrossed Committee Substitute for Senate Bill No. 568 and Engrossed Senate Bill No. 603.
Pending announcement of meetings of standing committees of the Senate,
On motion of Senator Unger, the Senate adjourned until tomorrow, Thursday, February 23, 2012, at 11 a.m.
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