WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
EIGHTIETH LEGISLATURE
REGULAR SESSION, 2012
FORTY-FOURTH DAY
____________
Charleston, W. Va., Thursday, February 23, 2012
The Senate met at 11 a.m.
(Senator Kessler, Mr. President, in the Chair.)
Prayer was offered by Dr. D. W. Cummings, Senior Pastor, Bethlehem Apostolic Temple, Wheeling, West Virginia.
Pending the reading of the Journal of Wednesday, February 22, 2012,
On motion of Senator Unger, the Journal was approved and the further reading thereof dispensed with.
At the request of Senator Unger, and by unanimous consent, the provisions of rule number fifty-four of the Rules of the Senate, relating to persons entitled to the privileges of the floor, were suspended in order to grant Kinsley Rhea Facemyer, granddaughter of the Honorable Karen L. Facemyer, a senator from the fourth district, privileges of the floor for the day.
The Senate 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 concurrence by that body in the adoption of
Com. Sub. for Senate Concurrent Resolution No. 19, Requesting DOH name bridge in Wetzel County "Lt. Howard R. 'Bob' Crothers 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. House Bill No. 4126--A Bill to amend and reenact §18B-17-2 and §18B-17-3 of the Code of West Virginia, 1931, as amended, all relating to higher education; legislative rules; authorizing a rule for the Higher Education Policy Commission regarding tuition and fees; and authorizing a rule for the Council for Community and Technical College Education regarding the Workforce Development Initiative Program and tuition and fees.
Referred to the Committee on Education.
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. 4139--A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating generally to the promulgation of administrative rules by the various executive or administrative agencies and the procedures relating thereto; legislative mandate or authorization for the promulgation of certain legislative rules; 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 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 and as amended by the Legislature; authorizing the Board of Dental Examiners to promulgate a legislative rule relating to fees established by the Board; authorizing the Board of Accountancy to promulgate a legislative rule relating to the Board and rules of professional conduct; authorizing the Massage Therapy Licensure Board to promulgate a legislative rule relating to general provisions; authorizing the Massage Therapy Licensure Board to promulgate a legislative rule relating to a schedule of fees; authorizing the Board of Medicine to promulgate a legislative rule relating to the formation and approval of professional limited liability companies; authorizing the Human Rights Commission to promulgate a legislative rule relating to housing discrimination against persons with disabilities who utilize assistance animals; authorizing the State Auditor to promulgate a legislative rule relating to the transaction fee and rate structure; authorizing the Commissioner of Agriculture to promulgate a legislative rule relating to the inspection of meat and poultry; authorizing the Commissioner of Agriculture to promulgate a legislative rule relating to the labeling of imported honey, honey products or honey bee by-products and adulterated honey, honey products or honey bee by-products; authorizing the Commissioner of Agriculture to promulgate a legislative rule relating to nutrient management certification; authorizing the Board of Barbers and Cosmetologists to promulgate a legislative rule relating to the procedures, criteria and curricula for examinations and licensure of barbers, cosmetologists, manicurists and aestheticians; authorizing the Board of Barbers and Cosmetologists to promulgate a legislative rule relating to licensing schools of barbering and beauty culture; authorizing the Board of Barbers and Cosmetologists to promulgate a legislative rule relating to shampoo assistants; authorizing the Courthouse Facilities Improvement Authority to promulgate a legislative rule relating to the Courthouse Facilities Improvement Fund; authorizing the Secretary of State to promulgate a legislative rule relating to the Vote-by-Mail Pilot Project Phase 2: Voting by Mail; authorizing the Secretary of State to promulgate a legislative rule relating to the general management and preservation of state records; authorizing the Board of Professional Surveyors to promulgate a legislative rule relating to the examination and licensing of professional surveyors in West Virginia; authorizing the Nursing Home Administrators Licensing Board to promulgate a legislative rule relating to nursing home administrators; authorizing the Board of Occupational Therapy to promulgate a legislative rule relating to fees for services rendered by the Board; authorizing the Board of Osteopathy to promulgate a legislative rule relating to licensing procedures for osteopathic physicians; authorizing the Board of Pharmacy to promulgate a legislative rule relating to immunizations administered by pharmacists; authorizing the Board of Pharmacy to promulgate a legislative rule relating to the Uniform Controlled Substances Act; authorizing the Board of Pharmacy to promulgate a legislative rule relating to continuing education for the licensure of pharmacists; and authorizing the Board of Pharmacy to promulgate a legislative rule relating to the licensure of wholesale drug distributors.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced the passage by that body, to take effect from passage, and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 4220--A Bill to amend and reenact article 10, chapter 64 of the Code of West Virginia, 1931, as amended, all relating generally to the promulgation of administrative rules by the Department of Commerce; 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 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 and as amended by the Legislature; authorizing the Development Office to promulgate a legislative rule relating to brownfield economic development districts; authorizing the Development Office to promulgate a legislative rule relating to the use of coalbed methane severance tax proceeds; authorizing the Board of Registration for Foresters to promulgate a legislative rule relating to the certification of registered foresters; authorizing the Board of Registration for Foresters to promulgate a legislative rule relating to a schedule of fees; authorizing the Board of Registration for Foresters to promulgate a legislative rule relating to a code of ethics; authorizing the Division of Forestry to promulgate a legislative rule relating to sediment control during commercial timber-harvesting operations - licensing; authorizing the Division of Forestry to promulgate a legislative rule relating to sediment control during commercial timber-harvesting operations - logger certification; authorizing the Division of Labor to promulgate a legislative rule relating to the Zipline and Canopy Tour Responsibility Act; authorizing the Division of Labor to promulgate a legislative rule relating to the Amusement Rides and Amusement Attractions Safety Act; authorizing the Division of Labor to promulgate a legislative rule relating to the supervision of elevator mechanics and apprentices; authorizing the Office of Miners’ Health, Safety and Training to promulgate a legislative rule relating to the application process for the West Virginia Innovative Mine Safety Technology Tax Credit Act; authorizing the Division of Natural Resources to promulgate a legislative rule relating to special boating; authorizing the Division of Natural Resources to promulgate a legislative rule relating to special motor boating; authorizing the Division of Natural Resources to promulgate a legislative rule relating to hunting, trapping and fishing; authorizing the Division of Natural Resources to promulgate a legislative rule relating to defining the terms used in all hunting and trapping; authorizing the Division of Natural Resources to promulgate a legislative rule relating to prohibitions when hunting and trapping; authorizing the Division of Natural Resources to promulgate a legislative rule relating to general trapping; and authorizing the Division of Natural Resources to promulgate a legislative rule relating to general trapping.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced the adoption by that body and requested the concurrence of the Senate in the adoption of
House Concurrent Resolution No. 19--Requesting the Division of Highways name the bridges on the north and south bound lanes of I-79, numbered 21-79-98.57, near Weston, Lewis County, West Virginia the “Staff Sergeant Raymond Armentrout 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. 59--Expressing support for improvement in the collection, processing, and consumption of recyclable materials throughout the State of West Virginia.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced the adoption by that body and requested the concurrence of the Senate in the adoption of
Com. Sub. for House Concurrent Resolution No. 68--Declaring the City of Beckley’s Exhibition Coal Mine as the official Exhibition Coal Mine of West Virginia.
Referred to the Committee on Government Organization.
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. 72--Requesting the Division of Highways to name the Big Tee Bridge at Crystal Springs in Elkins, Randolph County, bridge number 42-14-0.06, the “Tim Belt 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. 78--Requesting that bridge number 50-152-33.01 on County Route 152 near Wayne in Wayne County, West Virginia, be named the “Staff Sergeant Sidney H. Blankenship Memorial Bridge”.
Referred to the Committee on Transportation and Infrastructure.
The Senate proceeded to the fourth order of business.
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 Joint Resolution No. 9, Proposing constitutional amendment designated Boy Scouts and Other Nonprofit Youth Organization Tax Exemption Support Amendment.
And reports the same back with the recommendation that it be adopted.
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
Com. Sub. for Senate Bill No. 135, Considering military training, experience and education toward professional or occupational licensure qualifications.
And reports the same back with the recommendation that it 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. 139, Making failure to wear safety belts primary offense.
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
Com. Sub. for Senate Bill No. 340 (originating in the Committee on Education), Requiring SSAC propose legislative rules relating to concussions and head injuries.
And reports back a committee substitute for same with the following title:
Com. Sub. for Com. Sub. for Senate Bill No. 340 (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 §18-2-25a, relating to providing findings by Legislature regarding concussions and head injuries; defining “interscholastic athletes”; requiring the West Virginia Secondary Schools Activities Commission to promulgate rules that address concussions and head injuries in interscholastic athletes; setting forth minimum provisions to be included in the rules; and exempting volunteer health care provider from liability in certain instances.
With the recommendation that the committee substitute for 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. 365, Increasing membership of PEIA Finance Board.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended.
Respectfully submitted,
Herb Snyder,
Chair.
Senator Snyder, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration
Senate Bill No. 381, Creating WV Buy American Act.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 381 (originating in the Committee on Government Organization)--A Bill to amend and reenact §5-19-1, §5-19-2, §5-19-3 and §5-19-4 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto three new sections, designated §5-19-5, §5-19-6 and §5-19-7, all relating to creating the West Virginia Buy American Act; defining terms; requiring public agency construction contracts for public buildings or public works which utilize state grants or state loans to finance all or part of the construction costs contain a provision requiring that the iron, steel, manufactured goods, coal and timber used or supplied for the project be manufactured or produced in the United States; permitting waivers; exceptions; violations; and limitations.
And,
Senate Bill No. 627, Increasing salaries of State Police criminalists and civilian employees.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 627 (originating in the Committee on Government Organization)--A Bill to amend and reenact §15-2-7 of the Code of West Virginia, 1931, as amended, relating to the State Police; increasing the salary of forensic lab employees; and increasing the salary of general civilian employees.
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. 381 and 627) 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 Prezioso, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 386, Clarifying entities included in water's-edge group for income tax purposes.
With amendments from the Committee on the Judiciary pending;
And reports the same back with the recommendation that it do pass as amended by the Committee on the Judiciary to which the bill was first referred.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
At the request of Senator Prezioso, unanimous consent being granted, the bill (S. B. No. 386) contained in the preceding report from the Committee on Finance was taken up for immediate consideration, read a first time and ordered to second reading.
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. 387, Requiring training of floodplain managers.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 387 (originating in the Committee on Government Organization)--A Bill to amend and reenact §15-5-20 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §15-5-20a, all relating to disaster prevention; eliminating the requirement that the Office of Emergency Services report to the West Virginia Disaster Recovery Board on debris that may cause an obstruction during disasters; requiring all floodplain managers to complete yearly training; and providing that another manager may take over the responsibilities of a manager who has not completed the required training.
Senate Bill No. 399, Renaming Board of Insurance Agent Education to Board of Insurance Producer Education; other provisions.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 399 (originating in the Committee on Government Organization)--A Bill to amend and reenact §33-12-7 and §33-12-8 of the Code of West Virginia, 1931, as amended, all relating to education for insurance producers; renaming the Board of Insurance Agent Education; revising certain membership requirements of the Board of Insurance Producer Education; providing for payment of certain expenses of board members; revising role of the board; continuing education; exempting certain insurance producers from continuing education requirements; reducing period in which a producer whose license has been suspended for noncompliance with continuing education requirements may demonstrate compliance; and permitting the Insurance Commissioner to propose a rule to change certain fees.
And,
Senate Bill No. 621, Requiring DOH concurrence that major subdivisions or land developments provide sufficient access.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 621 (originating in the Committee on Government Organization)--A Bill to amend and reenact §8A-5-6 and §8A-5-7 of the Code of West Virginia, 1931, as amended, all relating to the approval of major subdivision or land development plans and plats; and requiring a letter from the Division of Highways stating there is sufficient access to state roads.
With the recommendation that the three committee substitutes 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. 417, Establishing right to disposition of deceased's remains.
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. 435, Relating to nursing home residents' personal funds conveyance upon death.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 435 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §16-5C-18 of the Code of West Virginia, 1931, as amended, relating to the conveyance of personal funds upon death of nursing home residents.
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. 521, Relating to subrogation rights of PEIA.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
At the request of Senator Prezioso, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 521) contained in the preceding report from the Committee on Finance was taken up for immediate consideration, read a first time and ordered to second reading.
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. 579, Increasing special reclamation tax on clean coal mined.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
At the request of Senator Prezioso, unanimous consent being granted, the bill (S. B. No. 579) contained in the preceding report from the Committee on Finance was taken up for immediate consideration, read a first time and ordered to second reading.
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. 600, Increasing number of State Police principal supervisors.
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 Snyder,
Chair.
At the request of Senator Snyder, unanimous consent being granted, the bill (S. B. No. 600) 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 amendments 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
Senate Bill No. 619, Relating to annual business fees and reports due Secretary of State.
And reports the same back with the recommendation that it do pass; but under the original double committee reference first be referred to the Committee on Finance.
Respectfully submitted,
Corey Palumbo,
Chair.
The bill, 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. 623, Providing for affordable housing rate differential in water and sewer systems' capital improvement fees.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 623 (originating in the Committee on Government Organization)--A Bill to amend and reenact §24-2-2 of the Code of West Virginia, 1931, as amended, relating generally to the power of the Public Service Commission to regulate public utilities; and authorizing the Public Service Commission to promulgate rules establishing requirements for capacity improvement fees.
With the recommendation that the committee substitute do pass; but under the original double committee reference first be referred to the Committee on the Judiciary.
Respectfully submitted,
Herb Snyder,
Chair.
At the request of Senator Snyder, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 623) 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 Prezioso, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 650, Making supplementary appropriation from General Revenue to DHHR--Division of Human Services.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
At the request of Senator Prezioso, unanimous consent being granted, the bill (S. B. No. 650) contained in the preceding report from the Committee on Finance was taken up for immediate consideration, read a first time and ordered to second reading.
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. 655, Allowing licensure of certain veterinarians by endorsement.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Herb Snyder,
Chair.
Senator Klempa, from the Committee on Interstate Cooperation, submitted the following report, which was received:
Your Committee on Interstate Cooperation has had under consideration
Eng. Com. Sub. for House Bill No. 4390, Uniform Power of Attorney Act.
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,
Orphy Klempa,
Chair.
The bill, under the original double committee reference, was then referred to the Committee on the Judiciary, with amendments from the Committee on Interstate Cooperation pending.
The Senate proceeded to the sixth order of business.
Senators Browning, Beach and Stollings offered the following resolution:
Senate Concurrent Resolution No. 49--Requesting the Division of Highways to name County Route 0061/07 in Wyoming County, from the Logan County line, the “Private Floyd Cline Memorial Highway”.
Whereas, Floyd Cline was born on June 18, 1890, in Uno, Wyoming County, the son of David and Margaret Toler Cline. The history of his early childhood is not generally known. His participation in World War I presents a story upon which legends are formed. He became the first West Virginian to receive the second-highest award for a soldier, the Distinguished Service Cross for extraordinary heroism, an award requiring the honoree to be saluted by the President of the United States; and
Whereas, Floyd Cline was awarded the Distinguished Service Cross, for an act of bravery that was termed “his fearlessness” on the Argonne Front in World War I during a fierce battle at a place called Tuilerie Farm near La Charmel, France. The French and American forces were on a little bluff with the outer edge a cliff with several ledges overlooking a river. They were suddenly surprised by heavy artillery and machine gun fire. The forces were ordered to retreat. Before they could, the cliff was lined with dead and wounded soldiers, with many of their comrades knocked into the river by falling rocks struggling with the water for their lives. There are conflicting accounts of what next occurred, but they all agree that Private Floyd Cline did not retreat. Instead, he apparently dived into the river and rescued approximately twenty soldiers. In spite of this act of heroism, Private Floyd Cline was brought up for court martial by his captain for disobeying a command. His captain, knowing why Private Floyd Cline stayed behind, stated that Cline’s action was one of the greatest displays of bravery that he had ever witnessed. The captain then recommended that the highest honor for an act of bravery be conferred upon Private Floyd Cline and the case was dismissed; and
Whereas, Private Floyd Cline was asked to go to Washington, D. C. shortly after his return from the war in 1919 to receive his medal. He refused; and he did not respond to letters from Washington to come and receive the medals and military honors. Years later, Floyd Cline supposedly explained his reasons for refusing the honors because he did not like the high cost of food in Washington nor having to stand at attention for three hours upon his return to the States. He is reported as having said that “They’d never get him back in that town for a million medals”. However, it has been opined that Private Floyd Cline having been brought up among the hills believed that he was right in his refusal and he had a sense of appreciation that did not require an array of medals. Private Floyd Cline is buried in Morgan Cemetery at Long Branch, Wyoming County. He belonged to a bygone era and held to a philosophy where the cardinal virtues reign supreme. When asked if he would enlist if there was another war, Private Floyd Cline said “Yep, I’ll join every time they start one”. He was a soldier who did not want to stand at attention again and never received, during his lifetime, the proper attribution for his bravery in France. His dedication and commitment to his state and country serve as a great example and reminder to us all and should not go unnoticed; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways to name County Route 0061/07 in Wyoming County, from the Logan County line, the “Private Floyd Cline Memorial Highway”; and, be it
Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying this section of highway as the “Private Floyd Cline Memorial Highway”; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation and to the surviving family of Private Floyd Cline.
Which, under the rules, lies over one day.
Senators Beach, Stollings and Prezioso offered the following resolution:
Senate Concurrent Resolution No. 50--Requesting the Division of Highways to name bridge number 31-68-9.40 on Interstate 68 crossing Cheat Lake, Monongalia County, West Virginia, the “Lt. Col. Carroll Baxter Lilly Memorial Bridge”.
Whereas, Carroll Baxter Lilly was born December 1, 1938, to parents Mildred A. and Raymond P. Lilly; and
Whereas, Carroll Baxter Lilly was the son of a coal company mine foreman and a public school teacher and the younger brother of Jan Hylton Lilly; and
Whereas, Carroll Baxter Lilly was raised in various mining communities of Logan County and attended school in Gilbert, Omar and later, Morgantown, West Virginia where he moved with the family when the father began working for Pittsburgh Consolidated Coal Company; and
Whereas, Carroll Baxter Lilly entered his sophomore year at Morgantown High School, where his main interests were mathematics, mechanical drawing, science and machine shop; and
Whereas, Carroll Baxter Lilly worked during high school years at Marv’s Pizza shop on Campus Drive in the Sunnyside area of Morgantown and, after graduating from Morgantown High School in 1958, managed the shop for a short period; and
Whereas, Carroll Baxter Lilly joined the United States Air Force, and after earning high scores on aptitude tests, was trained as a navigator, commissioned a Second Lieutenant, and assigned to Schilling Air Force Base, Kansas; and
Whereas, Carroll Baxter Lilly rose through the ranks in the Air Force, and during the Vietnam War, was classified as a pilot and promoted to the rank of Lieutenant Colonel; and
Whereas, During a tour of duty Lt. Col. Carroll Baxter Lilly was shot down in southern Laos on April 9, 1971; and
Whereas, The body of Lt. Col. Carroll Baxter Lilly was never found; and
Whereas, Lt. Col. Carroll Baxter Lilly was awarded a Purple Heart (Posthumously), Distinguished Flying Cross with one oak leaf cluster, Air Medal with two oak leaf clusters, Air Force Commendation Medal, Combat Readiness Medal, Good Conduct Medal, Vietnam Service Medal and Small Arms Expert Marksman Ribbon; and
Whereas, It is fitting that an enduring memorial to Lt. Col. Carroll Baxter Lilly be established in recognition of his outstanding service in the United States Air Force, his devotion to duty and his supreme sacrifice for his country; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways to name bridge number 31-68-9.40 on Interstate 68 crossing Cheat Lake, Monongalia County, West Virginia, the “Lt. Col. Carroll Baxter Lilly Memorial Bridge”; and, be it
Further Resolved, That the Commissioner of the Division of Highways is hereby requested to erect signs at both ends of the bridge containing bold and prominent letters proclaiming the bridge the “Lt. Col. Carroll Baxter Lilly Memorial Bridge”; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Commissioner of the Division of Highways, and to Mr. Jan H. Lilly, 5104 Black Diamond Ct., Raleigh, NC 27604.
Which, under the rules, lies over one day.
Senators Jenkins and Plymale offered the following resolution:
Senate Resolution No. 40--Urging the United States Army Corps of Engineers to complete all preservation and restoration work at the General Albert Gallatin Jenkins House, so that it may be opened to the public.
Whereas, The General Albert Gallatin Jenkins House, in Greenbottom, Cabell County, has a significant historical importance; and
Whereas, The United States Army Corps of Engineers (USACE) appears to be taking steps to close the site during our nation’s Sesquicentennial Commemoration of The Civil War; and
Whereas, The Water Resources Development Act of 2000 (WRDA) required the United States Army Corps of Engineers to ensure the preservation and restoration of the structure known as the ‘Jenkins House’ located in Cabell County in accordance with standards for sites listed on the National Register of Historic Places; and
Whereas, The United States Army Corps of Engineers appears to have not completed all the preservation work required of it by statute, including the replacement/repair of the floor joists supporting the first floor, which may be unsafe for groups of visitors; and
Whereas, The United States Army Corps of Engineers appears to have failed to do the restoration of the structure, work which was required by the Water Resources Development Act of 2000 legislation; therefore, be it
Resolved by the Senate:
That the Senate hereby urges the United States Army Corps of Engineers to complete all preservation and restoration work at the General Albert Gallatin Jenkins House, so that it may be opened to the public; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the United States Army Corps of Engineers and to West Virginia’s congressional delegation.
At the request of Senator Jenkins, unanimous consent being granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.
Thereafter, at the request of Senator Plymale, and by unanimous consent, the remarks by Senator Jenkins regarding the adoption of Senate Resolution No. 40 were ordered printed in the Appendix to the Journal.
Senators Unger, Plymale, Prezioso, Laird, Stollings, Klempa, Snyder and Kessler (Mr. President) offered the following resolution:
Senate Resolution No. 41--Congratulating the Martinsburg High School football team for winning the 2011 West Virginia State AAA Championship.
Whereas, The Bulldogs completed an amazing 2011 football season, finishing with a perfect record of 13-0 and winning the Class AAA state championship game for the second consecutive year; and
Whereas, The Bulldogs are led by head coach David Walker, and assistant coaches Brian Sine, Buddy Hesen, Britt Sherman, Kevin Jenkins, Dave Lopez, Jason Thomason, Mark Ostrowski, and Jarrod Furgason; and
Whereas, The Bulldogs are supported by trainer Adam Drake, statisticians Bill Harper and Frannie Dunn, videographers John Alderton and Rick Alderton, support staff Larry Cooper, John Reges, Nikolai Payne, Brian Phillips, Rob Jones, manager Hunter Jones and team doctors Brittany Gusic, Tom Knutson and Bill Wear; and
Whereas, The Bulldog cheerleaders, coached by Krista Ematrudo, are Kala Ames, Tori Beeman, Jasmine Burrell, Shenee Davis, Kaylee Reiff, Emily Rogers, Mariah Thomas, Erica Taylor, Jaida Walker, Jessica Antolini, Destiny Cutter, Tamara Davis, Cedrice Kenney and Jackie Tassone; and
Whereas, The Bulldogs consists of players Cedric Brown, Darian Patterson, Justin Clinton, Chad Skye, Brandon Ashenfelter, Chris Perkins, Chris Arvin, David Long, Gary Awkard, Ben Zieger, Tory Lee, Terrance Joseph, Justin Ritchie, Drew Bolyard, Curtis Miller, Jake Mills, Tyler Johnson, Malique Watkins, Casey Cottrell, Dillon Enright, Justin Arndt, John Reges, Dildeep Dhatt, Mike Slavinski, Jesse Snow, E. J. Slavinski, Tyler Dehaven, Marcus Burrell, Tyshon Smith, Travis Stely, Jonathan Carrington, Tyler Tumblin, Chad Edwards, Eugene Hanson, Tyler Miller, Seth Vanorsdale, Jonathan Haneman, Mark Fries, Luke Powell, Kyle Britner, Nick Harris, Cody Jenkins, Logan Jenkins, George Van Duzer, Caleb Follero, Dean DeSana, Chris Albanese, Daiveyon Monroe, Clement Powell, Jared Sartin, Jacob Roach, Caleb Engle, Anthony Zeis, Joseph Harwood, Adam Dunn, Troy Walker, Eugene German, Tyler Winston, Anthony Frazer, Gary Noll, Ryan Weaver, A. J. Petry, DeAndre Johnson, Jose Morales, Devon Cross, DeShawn Long, Tanner Lewis, Matt Berlo, Tyler Braumbaugh, Eric Brown, Daquain Everhart, Chase Heck, Mitchell Henson, Deamonte Lindsey, and Eric Mitchell; and
Whereas, The Bulldog players displayed their strong will and determination for an entire season and will be remembered as one of the best teams ever assembled in West Virginia high school football history; therefore, be it
Resolved by the Senate:
That the Senate hereby congratulates the Martinsburg High School football team for winning the 2011 West Virginia State AAA Championship; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the Martinsburg High School football team.
At the request of Senator Unger, 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.
At the request of Senator Chafin, and by unanimous consent, Senator Chafin offered the following resolution from the floor:
Senate Resolution No. 42--Congratulating Ruth Ryan Lemmon for being selected as the 2012 Automotive Trade Association Executive of the Year.
Whereas, Ruth Lemmon joined the West Virginia Automobile and Truck Dealers Association in 1984; and
Whereas, Ruth Lemmon currently serves the association as their President; and
Whereas, Ruth Lemmon has served on the Board of Directors of the Automotive Trade Association Executives; and
Whereas, Ruth Lemmon is past chair of the Southern Automotive Trade Association Executives; and
Whereas, Ruth Lemmon was selected in 2012 by the National Automobile Dealers Association as the Automotive Trade Association Executive of the Year; and
Whereas, Ruth Lemmon was chosen over more than 100 other candidates from around the entire country for her commitment to the National Automobile Dealers Association; and
Whereas, Ruth Lemmon works tirelessly to advocate on behalf of automobile and truck dealers at the West Virginia Legislature and is a well respected and trusted lobbyists; and
Whereas, Ruth Lemmon’s tenacity, dedication and intelligence not only make her an asset to the West Virginia Automobile and Truck Dealers Association but make her an asset to all of West Virginia; therefore, be it
Resolved by the Senate:
That the Senate hereby congratulates Ruth Ryan Lemmon on her selection as the 2012 Automotive Trade Association Executive of the Year; and, be it
Further Resolved, That the Senate wishes Ruth Lemmon continued success as the President of the West Virginia Automobile and Truck Dealers Association; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to Ruth Ryan Lemmon and the West Virginia Automobile and Truck Dealers Association.
At the request of Senator Chafin, 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 the business under the sixth order.
Petitions
Senator Green presented a petition from Ralph Johnson and numerous Wyoming County residents, requesting funding for ONE VOICE in Wyoming County.
Referred to the Committee on Government Organization.
The Senate proceeded to the seventh order of business.
Com. Sub. for Senate Concurrent Resolution No. 16, Requesting DOH name bridge in Wetzel County "Ralph Ice Bridge".
On unfinished business, coming up in regular order, was reported by the Clerk.
The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
The Senate proceeded to the eighth order of business.
Eng. Com. Sub. for Com. Sub. for Senate Bill No. 501, Requiring health insurance coverage of certain hearing aids.
On third reading, coming up in regular order, was read a third time and put upon its passage.
Prior to the call of the roll, Senator Barnes moved to be excused from voting under rule number forty-three of the Rules of the Senate, which motion prevailed.
On the passage of the bill, the yeas were: Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, 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: None.
Excused from voting: Barnes--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. 501) 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. 544, Extending expiration date for certain diesel-powered motor vehicle idling restrictions.
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, Kirkendoll, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 544) 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, further consideration of the bill was deferred until the conclusion of bills on today's second reading calendar.
Senate Bill No. 496, Modifying DEP requirement of greenhouse gas emissions' inventory.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 551, Providing limitation exception for certain mortgage modification loans.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for Com. Sub. for Senate Bill No. 564, Creating Aviation Fund and Fleet Management Office Fund.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
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.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 575, Repealing code related to prior disability under Emergency Medical Services Retirement System.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 673, Expiring funds from MAPS, Office of the Secretary and making supplementary appropriation to MAPS, Division of Corrections, Correctional Units.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Eng. House Bill No. 4087, Continuing the discontinuance of the severance and business privilege tax on the privilege of severing timber.
On second reading, coming up in regular order, was read a second time and ordered to third reading.
Eng. House Bill No. 4415, Authorize a Prince Railroad Station Authority to acquire and maintain the railroad station building.
On second reading, coming up in regular order, was read a second time and ordered to third reading.
Eng. House Bill No. 4493, Establishing special memorial days for certain military veterans.
On second reading, coming up in regular order, was read a second time.
On motion of Senator Palumbo, the following amendment to the bill was reported by the Clerk and adopted:
On page three, section one-a, lines fourteen through eighteen, by striking out all of subsection (c) and inserting in lieu thereof a new subsection, designated subsection (c), to read as follows:
(c) The Governor shall, by proclamation, declare the week during which December 7 falls to be a special memorial week, to be known as Pearl Harbor and Military Appreciation week, honoring all West Virginians who fought in World War II and all other military conflicts and shall encourage all municipalities in the state to do the same. The State Department of Education is directed to implement a program involving activities in which students shall participate which shall recognize the contributions West Virginians have made to their country through service in the United States military.
The bill (Eng. H. B. No. 4493), as amended, was then ordered to third reading.
The end of today’s second reading calendar having been reached, the Senate returned to the consideration of
Senate Bill No. 113, Observing week in which December 7 falls as Pearl Harbor and Military Appreciation week.
On second reading, coming up in deferred order, was again reported by the Clerk.
On motion of Senator Unger, the bill was recommitted to the Committee on the Judiciary.
The Senate proceeded to the tenth order of business.
Com. Sub. for Com. Sub. for Senate Bill No. 110, Relating to Broadband Deployment Council.
On first reading, coming up in regular order, was read a first time and ordered to second reading.
Com. Sub. for Senate Bill No. 212, Creating criminal offense for disrupting communications and public utility services.
On first reading, coming up in regular order, was read a first time and ordered to second reading.
Senate Bill No. 450, Removing bobcats from tag requirement.
On first reading, coming up in regular order, was reported by the Clerk.
On motion of Senator Unger, the bill was referred to the Committee on Rules.
Com. Sub. for Senate Bill No. 547, Relating to certain criminal conviction expungement.
On first reading, coming up in regular order, was read a first time and ordered to second reading.
Senate Bill No. 596, Prohibiting child erotica.
On first reading, coming up in regular order, was read a first time and ordered to second reading.
Senate Bill No. 606, Relating to property forfeiture related to child pornography arrests and computer crimes.
On first reading, coming up in regular order, was read a first time and ordered to second reading.
And,
Senate Bill No. 646, Requiring State Board of Education study GED issues.
On first reading, coming up in regular order, was read a first time and ordered to second reading.
The Senate proceeded to the eleventh order of business and the introduction of guests.
Pending announcement of meetings of standing committees of the Senate,
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 a communication from His Excellency, the Governor, advising that on February 23, 2012, he had approved Enr. Committee Substitute for House Bill No. 4107.
The Senate again proceeded to the fourth order of business.
Senator Tucker, 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, 2012, presented to His Excellency, the Governor, for his action, the following bill, signed by the President of the Senate and the Speaker of the House of Delegates:
(Com. Sub. for Com. Sub. for S. B. No. 343), Providing volunteer and part-volunteer fire departments' grace period to meet eligibility for certain funds allocation.
Respectfully submitted,
Gregory A. Tucker,
Chair, Senate Committee.
Meshea L. 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
Com. Sub. for Senate Bill No. 76, Creating Green Buildings Act.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
At the request of Senator Prezioso, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 76) contained in the preceding report from the Committee on Finance was taken up for immediate consideration, read a first time and ordered to second reading.
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. 354, Relating to filling vacancies in certain county offices.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 354 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §3-10-7 and §3-10-8 of the Code of West Virginia, 1931, as amended, all relating to providing for vacancies in the offices of county commissioner, clerk of the county commission, prosecuting attorney, sheriff, assessor and surveyor; and authorizing the appointment of a temporary successor for no more than thirty days from the date of the vacancy.
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. 514, Deeming retail establishments with roll-your-own cigarette machines manufacturers.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
At the request of Senator Prezioso, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 514) contained in the preceding report from the Committee on Finance was taken up for immediate consideration, read a first time and ordered to second reading.
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. 535, Expanding certain prescriptive authority for chronic diseases.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 535 (originating in the Committee on Health and Human Resources)--A Bill to amend and reenact §30-3-16 of the Code of West Virginia, 1931, as amended; to amend and reenact §30-7-15a of said code; and to amend and reenact §30-14A-1 of said code, all relating to expanding prescriptive authority of advanced nurse practitioners, physician assistants and assistants to osteopathic physicians and surgeons to allow the prescribing of medications for chronic diseases for a ninety-day period with three ninety-day refills.
Senate Bill No. 572, Replacing "advanced nurse practitioner" with "advanced practice registered nurse".
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 572 (originating in the Committee on Health and Human Resources)--A Bill to amend and reenact §30-7-1 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §30-7-1a; and to amend and reenact §30-7-15a, §30-7-15b and §30-7-15c of said code, all relating to replacing the term “advanced nurse practitioner” with “advanced practice registered nurse”; providing a new definition; making technical corrections; providing a grandfather clause; permitting the West Virginia Board of Examiners for Registered Professional Nurses to set an application fee; and providing rule-making authority.
And,
Senate Bill No. 656, Requiring direct health care providers wear identification badges.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 656 (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 §16-1C-1, §16-1C-2, §16-1C-3, §16-1C-4, §16-1C-5, §16-1C-6 and §16-1C-7, all relating generally to requiring health care providers to wear identification badges; setting forth legislative findings and purpose; providing definitions; establishing identification badge requirement; setting forth exemptions; addressing enforcement; providing for applicability; and granting rule-making authority.
With the recommendation that the three committee substitutes do pass.
Respectfully submitted,
Ron Stollings,
Chair.
At the request of Senator Stollings, unanimous consent being granted, the bills (Com. Sub. for S. B. Nos. 535, 572 and 656) contained in the preceding report from the Committee on Health and Human Resources were each taken up for immediate consideration, read a first time and ordered to second reading.
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. 576, Changing school personnel transfer or dismissal notice date.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 576 (originating in the Committee on Education)--A Bill to amend and reenact §18A-2-2, §18A-2-6, §18A-2-7 and §18A-2-8a of the Code of West Virginia, 1931, as amended; and to amend and reenact §18A-4-7a of said code, all relating to school personnel; changing certain deadlines pertaining to termination of a continuing contract, resignation, retirement, transfer and rehiring of probationary employees; changing the number of days prior to the beginning of the instructional term for limiting the transfer of certain employees; and restricting application of certain provisions pertaining to limiting the transfer of certain employees.
And,
Senate Bill No. 661, Relating to data sharing among state education providers.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 661 (originating in the Committee on Education)--A Bill to amend and reenact §18B-2A-3 of the Code of West Virginia, 1931, as amended; and to amend and reenact §21A-10-11 of said code, all relating to the West Virginia Network of Educational Telecomputing; collecting, synthesizing and disseminating data from state agencies; improving communication and cooperation among state education providers; directing institutional boards of governors to cooperate in certain data-related operations; requiring certain reports and providing certain privacy protections; setting forth certain penalties for noncompliance; authorizing the Commissioner of WorkForce West Virginia to share data with certain education providers; and making certain technical corrections.
With the recommendation that the two committee substitutes do pass.
Respectfully submitted,
Robert H. Plymale,
Chair.
Senator Minard, from the Committee on Banking and Insurance, submitted the following report, which was received:
Your Committee on Banking and Insurance has had under consideration
Senate Bill No. 599, Relating to automobile glass replacement or repair services.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 599 (originating in the Committee on Banking and Insurance)--A Bill to amend and reenact §33-6D-1, §33-6D-2 and §33-6D-3 of the Code of West Virginia, 1931, as amended, all relating to use of particular companies or locations providing automobile glass replacement or repair services; adding third-party administrator to those who may not require particular companies or locations when a claim is made under an insurance policy; adding third-party administrators to the list of insurers, agents and adjusters; providing that an insurer or third-party administrator that has a financial interest in an automobile glass company on a recommendation list must disclose such fact on the list; and providing that any list must contain at least two different automobile glass companies.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Joseph M. Minard,
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. 4122, Relating to alternative programs for teacher education.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended.
Respectfully submitted,
Robert H. Plymale,
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
Eng. Com. Sub. for House Bill No. 4206, Authorizing the Department of Transportation to promulgate legislative rules.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended.
Respectfully submitted,
Corey Palumbo,
Chair.
Pending announcement of meetings of standing committees of the Senate,
On motion of Senator Unger, the Senate adjourned until tomorrow, Friday, February 24, 2012, at 11 a.m.
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