Senate
House
Joint
Bill Status
WV Code
Audits/ Reports
Educational
Contact
home
home
SENATE (2011)(RS):| Bills Introduced | Bill History | Topical Index | Committee Schedule | Calendar | Journal | Menu |

Senate Journal



Day 1
Day 2
Day 3
Day 6
Day 7
Day 8
Day 9
Day 10
Day 13
Day 14
Day 15
Day 16
Day 17
Day 20
Day 21
Day 22
Day 23
Day 24
Day 27
Day 28
Day 29
Day 30
Day 31
Day 34
Day 35
Day 36
Day 37
Day 38
Day 41
Day 42
Day 43
Day 44
Day 45
Day 48
Day 49
Day 50
Day 51
Day 52
Day 55
Day 56
Day 57
Day 58
Day 59
Day 60
Day 61
Day 62
Day 63
Day 64
Day 65
Day 66
sdj-44th day
WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

EIGHTIETH LEGISLATURE

REGULAR SESSION, 2011

FORTY-FOURTH DAY

____________

Charleston, W. Va., Thursday February 24, 2011

The Senate met at 11 a.m.
(Senator Kessler, Acting President, in the Chair.)

Prayer was offered by
Dr. Jeffrey Johnson, Senior Pastor, Mount Vernon Baptist Church, Hurricane, West Virginia .
Pending the reading of the Journal of Wednesday, February 23, 2011,
On motion of Senator Palumbo, the Journal was approved and the further reading thereof dispensed with.
The Senate proceeded to the second order of business and the introduction of guests.
The Senate next proceeded to the third order of business.
A message from The Clerk of the House of Delegates announced the amendment by that body to the title of the bill, passage as amended, and requested the concurrence of the Senate in the House of Delegates amendment, as to
Eng. Com. Sub. for Senate Bill No. 382, Specifying activities entitling certain members of National Guard or reserve to leave of absence.
On motion of Senator Unger, the message on the bill was taken up for immediate consideration.
The following House of Delegates amendment to the title of the bill was reported by the Clerk:
Eng. Com. Sub. for Senate Bill No. 382--A Bill to amend and reenact §15-1F-1 of the Code of West Virginia, 1931, as amended, relating to activities for which members of the National Guard or armed forces reserve who are also public officials and employees are entitled to a leave of absence; setting the maximum number of hours eligible for leave in a calendar year; and limiting applicability to public officials and employees permanently employed.

On motion of Senator Unger, the Senate concurred in the House of Delegates amendment to the bill.
Engrossed Committee Substitute for Senate Bill No. 382, as amended by the House of Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach, Boley, Browning, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--32.
The nays were: None.
Absent: Chafin and Tomblin (Mr. President)--2.
So, a majority of all the members elected to the Senate having voted in the affirmative, the Acting President declared the bill (Eng. Com. Sub. for S. B. No. 382) passed with its House of Delegates amended title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.

A message from The Clerk of the House of Delegates announced the concurrence by that body in the Senate amended title, passage as amended, to take effect from passage, of
Eng. House Bill No. 2556, Resetting the expiration date of provisions that allow the employment of retired teachers as substitutes beyond the post-retirement employment limit.
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. 2639--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 Pharmacy to promulgate a legislative rule relating to the licensure and the practice of pharmacy (15 CSR 1); authorizing the Board of Pharmacy to promulgate a legislative rule relating to controlled substances monitoring (15 CSR 8); authorizing the Board of Physical Therapy to promulgate a legislative rule titled general provisions (16 CSR 1); authorizing the Board of Physical Therapy to promulgate a legislative rule relating to fees for physical therapists and physical therapist assistants (16 CSR 4); authorizing the Board of Physical Therapy to promulgate a legislative rule titled general provisions for athletic trainers (16 CSR 5); authorizing the Board of Physical Therapy to promulgate a legislative rule relating to fees for athletic trainers (16 CSR 6); authorizing the Board of Sanitarians to promulgate a legislative rule relating to an interim fee schedule (20 CSR 3); authorizing the Board of Sanitarians to promulgate a legislative rule relating to the practice of public health sanitation (20 CSR 4); authorizing the Secretary of State to promulgate a legislative rule relating to the combines voter registration and driver licensing fund (153 CSR 25); authorizing the Board of Barbers and Cosmetologists to promulgate a legislative rule relating to procedures, criteria and curricula for examinations and licensure of barbers, cosmetologists, manicurists and aestheticians (3 CSR 1); authorizing the Board of Barbers and Cosmetologists to promulgate a legislative rule relating to qualifications, training, examination of instructors(3 CSR 2); authorizing the Board of Barbers and Cosmetologists to promulgate a legislative rule relating to operational standards for schools of barbering and beauty culture (3 CSR 4); authorizing the Board of Barbers and Cosmetologists to promulgate a legislative rule titled schedule of fees (3 CSR 6); authorizing the Commissioner of Agriculture to promulgate a legislative rule titled the West Virginia Apiary Rule (61 CSR 2); authorizing the repeal of the Commissioner of Agriculture's legislative rule relating to general groundwater protection for fertilizes and manures (61 CSR 6C); authorizing the Commissioner of Agriculture to promulgate a legislative rule relating to the inspection of meat and poultry (61 CSR 16); authorizing the Board of Veterinary Medicine to promulgate a legislative rule relating to the organization, operation and licensing of veterinarians (26 CSR 1); authorizing the Board of Veterinary Medicine to promulgate a legislative rule relating to the registration of veterinary technicians (26 CSR 3); authorizing the Board of Veterinary Medicine to promulgate a legislative rule relating to the standards of practice (26 CSR 4); authorizing the Board of Veterinary Medicine to promulgate a legislative rule relating to certified animal euthanasia technicians (26 CSR 5); authorizing the Board of Veterinary Medicine to promulgate a legislative rule titled schedule of fees(26 CSR 6); authorizing the Board of Optometry to promulgate a legislative rule titled rules of the West Virginia Board of Optometry (14 CSR 1); authorizing the Board of Optometry to promulgate a legislative rule relating to oral pharmaceutical prescriptive authority(14 CSR 2); authorizing the Board of Optometry to promulgate a legislative rule titled schedule of fees (14 CSR 5); authorizing the Board of Optometry to promulgate a legislative rule relating to licensure by endorsement (14 CSR 8); authorizing the Board of Optometry to promulgate a legislative rule relating to contact lenses that contain and deliver pharmaceutical agents (14 CSR 9); authorizing the Board of Optometry to promulgate a legislative rule relating continuing education (14 CSR 10); authorizing the Board of Optometry to promulgate a legislative rule relating to injectable pharmaceutical agents (14 CSR 11); authorizing the Board of Osteopathy to promulgate a legislative rule relating to osteopathic assistants (24 CSR 2); authorizing the Board of Osteopathy to promulgate a legislative rule relating to fees for services rendered by the Board (24 CSR 5); authorizing the Treasurer's Office to promulgate a legislative rule relating to the establishment of imprest funds (112 CSR 3); and authorizing the State Election Commission to promulgate a legislative rule relating to the West Virginia Supreme Court of Appeals Public Financing Pilot Program (146 CSR 5).
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. House Bill No. 2791--A Bill to amend and reenact §15-2-3 of the Code of West Virginia, 1931, as amended, relating to requiring the superintendent of the State Police to develop a plan to increase the number of troopers to a minimum of eight hundred troopers by July 1, 2015.
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. Com. Sub. for House Bill No. 2889--A Bill to amend and reenact §18A-3A-2 of the Code of West Virginia, 1931, as amended, relating to creating the "Jason Flatt Act of 2011"; providing routine education by center for professional development of all professional educators and those school service personnel having direct contact with students on warning signs and resources to assist suicide prevention; providing for delivery options; and providing for state board guidelines and approval of materials.
Referred to the Committee on Education; and then to the Committee on Finance.
A message from The Clerk of the House of Delegates announced the passage by that body, to take effect from passage, and requested the concurrence of the Senate in the passage of
Eng. House Bill No. 2971--A Bill to amend and reenact §11-15- 9i of the Code of West Virginia, 1931, as amended, relating to the definition of the term "durable medical equipment".
Referred to the Committee on Health and Human Resources; and then to the Committee on Finance.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng.House Bill No. 2993--A Bill to amend and reenact §11- 13AA-3, §11-13AA-4, §11-13AA-5, §11-13AA-7, §11-13AA-11 and §11- 13AA-12 of the Code of West Virginia, 1931, as amended, all relating to the West Virginia Commercial Patents Incentives Tax Act, defining terms; clarifying carryover provisions; specifying when credit accrues; disallowing credit based on related party transactions; disallowing application of credit in addition to specified other tax credits; making technical corrections to use appropriate terminology; and retroactively adjusting the effective date language.
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. Com. Sub. for House Bill No. 3060--A Bill to amend and reenact §11-24-11b of the Code of West Virginia, 1931, as amended, relating to creating a permanent method for determining the allowance for certain utilities of tax credits for the remainder of their net operating loss carryovers that existed as of December 31, 2006.
Referred to the Committee on Finance.
A message from The Clerk of the House of Delegates announced the adoption by that body and requested the concurrence of the Senate in the adoption of
House Concurrent Resolution No. 7--Requesting the Division of Highways to name bridge number 08-28-7.78 on County Route 28 in Clay County, West Virginia, the "Staff Sergeant Arthur Coulter and Corporal E.J. Sizemore Memorial Bridge".
Referred to the Committee on Transportation and Infrastructure.
Executive Communications

The Clerk then presented a communication from His Excellency, the Governor, advising that on February 23, 2011, he had approved Enr. House Bill No. 2557.
The Senate proceeded to the fourth order of business.
Senator Miller, from the Joint Committee on Enrolled Bills, submitted the following report, which was received:
Your Joint Committee on Enrolled Bills has examined, found truly enrolled, and on the 24th day of February, 2011, presented to His Excellency, the Governor, for his action, the following bill, signed by the Acting President of the Senate and the Speaker of the House of Delegates:
Enr. House Bill No. 2475, Including certain records of the Division of Juvenile Services in the exemptions from disclosure under the Freedom of Information Act.
And,
Enr. Com. Sub. for House Bill No. 2696, Authorizing the county commission of Boone County to transfer its title and interests in the Boone Memorial Hospital.
Respectfully submitted,
Ronald F. Miller,
Chair, Senate Committee.
Meshea L. Poore,
Chair, House Committee.

The Senate proceeded to the sixth order of business.
Senators Kessler (Acting President), Unger, Foster, Yost, Williams, Minard, Stollings, McCabe, Plymale, Browning and Klempa
offered the following resolution:
Senate Resolution No. 39--Recognizing the Society of Human Resource Management for its hard work and dedication.
Whereas, The Society of Human Resource Management is a professional organization; and
Whereas, The Society of Human Resource Management submits certification qualification standards set down by the Human Resource Certification Institute; and
Whereas, The Society of Human Resource Management certifies members voluntarily through the rigorous testing of the Human Resource Certification Institute; and
Whereas, The Society of Human Resource Management has hundreds of professional members throughout West Virginia and quarter million members in the United States; and
Whereas, West Virginia has seven state chapters and four student chapters and represents hundreds of organizations and employers in West Virginia; and
Whereas, The Society of Human Resource Management believes in respect for the thousands of workers in West Virginia that its professionals manage; and
Whereas, The Society of Human Resource Management practitioners dedicate themselves to legal compliance, bridging the gap between employees, employers and legal authorities; and
Whereas, The Society of Human Resource Management rigorously enforces on its members an established code of ethics; therefore, be it
Resolved by the Senate:
That the Senate hereby recognizes the Society of Human Resource Management for its hard work and dedication; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the Society of Human Resource Management.

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.
At the expiration of the recess, the Senate reconvened and resumed business under the sixth order.
Senators Unger, Kessler (Acting President), Boley, Nohe, Beach, Jenkins, Yost, Prezioso, Minard, Laird, Barnes, Sypolt, Hall, Green, Miller, Plymale, Edgell, Williams, Stollings, McCabe, Klempa, Wills and Browning offered the following resolution:
Senate Resolution No. 40--Recognizing the many contributions of the thousands of volunteers and paid staff at pregnancy care centers in West Virginia and across the United States.
Whereas, The life-affirming impact of pregnancy care centers on the women, men, children, and communities they serve is considerable and growing; and
Whereas, Pregnancy care centers serve women in West Virginia and across the United States with integrity and compassion with more than 2,500 centers across the United States providing comprehensive care to women and men facing unplanned pregnancies, including resources to meet their physical, psychological, emotional and spiritual needs; and
Whereas, Pregnancy care centers offer women free, confidential and compassionate services, including pregnancy tests, peer counseling, 24-hour hotlines, childbirth and pregnancy classes, and referrals to community, health care and other support services; and
Whereas, Many pregnancy care centers offer ultrasounds and other medical services, information on adoption and adoption referrals while encouraging women to make positive life choices by equipping them with complete and accurate information regarding their pregnancy options and the development of the unborn; and
Whereas, Pregnancy care centers ensure that women are receiving prenatal information and services that lead to the birth of healthy infants; and
Whereas, Pregnancy care centers provide important support and resources for women and their children; and
Whereas, Many pregnancy care centers work to prevent unplanned pregnancies by teaching effective abstinence education in public schools; and
Whereas, Pregnancy care centers operate primarily through the designation of public funds for such organizations; therefore, be it
Resolved by the Senate:
That the Senate hereby recognizes the many contributions of the thousands of volunteers and paid staff at pregnancy care centers in West Virginia and across the United States; and, be it
Further Resolved, That the Senate extends its sincere appreciation to these committed volunteers and staff who unselfishly work to educate, assist and contribute to the many women, men, children, families and babies that are in their need across West Virginia and the entire United States; and, be it
Further Resolved, That the Senate strongly encourages the United States Congress and other federal and state governmental agencies to grant pregnancy care centers assistance for medical equipment and abstinence education in a manner that does not compromise the mission or religious integrity of these organizations; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to each pregnancy care center in West Virginia, to the President of the United States, and to the President of the United States Senate and Speaker of the United House of Representatives.

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.
At the expiration of the recess, the Senate reconvened and proceeded to the seventh order of business.
Senate Concurrent Resolution No. 37, Urging WV Delegation to Congress oppose any action by Congress or President to reduce funding for Community Service Block Grants.
On unfinished business, coming up in regular order, was reported by the Clerk.
The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.

Senate Concurrent Resolution No. 45,
Requesting Joint Committee on Government and Finance study impact of laws and regulations pertaining to possession and use of firearms.
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 then proceeded to the eighth order of business.
Eng. Senate Bill No. 392, Changing definition of "accredited thoroughbred horse".
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
So, a majority of all the members present and voting having voted in the affirmative, the Acting President declared the bill (Eng. S. B. No. 392) 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 Joint Resolution No. 9, Proposing amendment to Constitution designated The Silenced Majority Local Levy and Bond Amendment.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Joint Resolution No. No. 10, Proposing amendment to Constitution designated Repeal The Two Consecutive Term Limitation for Sheriffs Amendment.
On second reading, coming up in regular order, was read a second time.
At the request of Senator Chafin, and by unanimous consent, the resolution was advanced to third reading with the right for amendments to be considered on that reading.
Com. Sub. for Senate Bill No. 96, Relating generally to certain county officials.
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. 112, Authorizing Department of Administration promulgate legislative rules.
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. 177, Authorizing Department of Revenue promulgate legislative rules.
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. 228, Creating Local Solution Dropout Prevention and Recovery Act.
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. 272, Relating to WV Tax Increment Financing Act.
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. 279, Relating to work camps for nonviolent offenders.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 351, Regulating captive cervid farming as agricultural enterprise.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 456, Relating to responsibilities of Marketing and Communications Office of Department of Commerce.
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. 458, Updating Logging Sediment Control Act.
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. 495, Relating generally to use of electronic voting systems.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 546, Relating to municipal police and firefighter pensions.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 563, Authorizing municipalities to create deferred retirement option plans for certain employees.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Eng. Com. Sub. for House Bill No. 2464, Adding additional requirements to the Ethics Act.
On second reading, coming up in regular order, was read a second time.
The following amendment to the bill, from the Committee on the Judiciary, was reported by the Clerk:
By striking out everything after the enacting section and inserting in lieu thereof the following:
ARTICLE 2. WEST VIRGINIA ETHICS COMMISSION; POWERS AND DUTIES; DISCLOSURE OF FINANCIAL INTEREST BY PUBLIC OFFICIALS AND EMPLOYEES; APPEARANCES BEFORE PUBLIC AGENCIES; CODE OF CONDUCT FOR ADMINISTRATIVE LAW JUDGES.

§6B-2-6. Financial disclosure statement; filing requirements.
(a) The requirements for filing a financial disclosure statement shall become initially effective on the first day of February, one thousand nine hundred ninety, for all persons holding public office or employment on that date and who are otherwise required to file such statement under the provisions of this section. The initial financial disclosure statement shall cover the period from the first day of July, one thousand nine hundred eighty-nine, for the period ending the thirty-first day of January, one thousand nine hundred ninety. Thereafter, the The Financial disclosure statement shall be filed on the first day of February of each calendar year to cover the period of the preceding calendar year, except insofar as may be otherwise provided herein. The following persons must file the financial disclosure statement required by this section with the ethics commission:
(1) All elected officials in this state, including, but not limited to, all persons elected statewide, all county elected officials, municipal elected officials in municipalities which have, by ordinance, opted to be covered by the disclosure provisions of this section, all members of the several county or district boards of education and all county or district school board superintendents;
(2) All members of state boards, commissions and agencies appointed by the governor; and
(3) Secretaries of departments, commissioners, deputy commissioners, assistant commissioners, directors, deputy directors, assistant directors, department heads, deputy department heads and assistant department heads.
A person who is required to file a financial disclosure statement under this section by virtue of becoming an elected or appointed public official whose office is described in subdivision (1), (2) or (3) of this subsection, and who assumes the office less than ten days before a filing date established herein or who assumes the office after the filing date, shall file a financial disclosure statement for the previous twelve months no later than thirty days after the date on which the person assumes the duties of the office, unless the person has filed a financial disclosure statement with the commission during the twelve-month period before he or she assumed office.
(b) A candidate for public office shall file a financial disclosure statement for the previous calendar year with the state ethics commission no later than ten days after he or she files a certificate of candidacy, but in all circumstances, not later than ten days prior to the election, unless he or she has filed a financial disclosure statement with the state ethics commission during the previous calendar year.
The ethics commission shall file a duplicate copy of the financial disclosure statement required in this section in the following offices within ten days of the receipt of the candidate's statement of disclosure:
(1) Municipal candidates in municipalities which have opted, by ordinance, to be covered by the disclosure provisions of this section, in the office of the clerk of the municipality in which the candidate is seeking office;
(2) Legislative candidates in single county districts and candidates for a county office or county school board in the office of the clerk of the county commission of the county in which the candidate is seeking office;
(3) Legislative candidates from multi-county districts and congressional candidates in the office of the clerk of the county commission of the county of the candidate's residence.
After a ninety-day period following any election, the clerks who receive the financial disclosure statements of candidates may destroy or dispose of those statements filed by candidates who were unsuccessful in the election.
(c) No candidate for public office may maintain his or her place on a ballot and no public official may take the oath of office or enter or continue upon his or her duties or receive compensation from public funds unless he or she has filed a financial disclosure statement with the state ethics commission as required by the provisions of this section.
(d) The state ethics commission may, upon request of any person required to file a financial disclosure statement, and for good cause shown, extend the deadline for filing such statement for a reasonable period of time: Provided, That no extension of time shall be granted to a candidate who has not filed a financial disclosure statement for the preceding filing period.
(e) No person shall fail to file a statement required by this section.
(f) No person shall knowingly file a materially false statement that is required to be filed under this section.
(g) The ethics commission shall publish either on the internet or by printed document made available to the public, a list of all persons who have violated any ethics commission's financial disclosure statement filing deadline.
(h) The ethics commission shall, in addition to making all financial disclosure statements available for inspection upon request publish on the internet all financial disclosure statements filed by members of the legislature and candidates for legislative office, elected members of the Executive Department and candidates for the offices that constitute the Executive Department, and members of the Supreme Court of Appeals and candidates for the Supreme Court of Appeals, commencing with those reports filed on or after January 1, 2012. The Commission shall redact financial disclosure statements published on the internet to exclude from publication personal information such as signatures, home addresses and mobile and home telephone numbers.
§6B-2-7. Financial disclosure statement; contents.
(a) The financial disclosure statement required under this article shall contain the following information:
(1) The name, residential and business addresses of the person filing the statement, and of his or her spouse and all names under which the person does or the person's spouse, or both, do business. For purposes of this section, the word "spouse" means any individual who is legally married to and cohabits with the person filing the statement.
(2) The name and address of each employer of the person For each position of employment held by the person filing the statements and the person's spouse:
(A) The name of the employer;
(B) The address of the employer;
(C) The job title; and
(D) A general description of job duties.

(3) The name and address of each business in which the person filing the statement or that person's spouse has or had in the last year an interest of at least $10,000 at fair market value. or five percent ownership interest, if that interest is valued at more $10,000.
(A) For the purposes of this subsection, business interests include, but are not limited to, an interest in:
(I) Non-publicly owned businesses;
(ii) Publicly or privately traded stocks, bonds or securities, including those held in self-directed retirement accounts; and
(iii) Commercial real estate.
(B) For the purposes of this subsection, business interests do not include mutual funds, specific holdings in mutual funds or retirement accounts.
(4) The name, address, and brief description of a nonprofit organization in which the individual or spouse is a director or officer.
(4) (5) The identification, by category, of every source of income over $1,000, including distributions from retirement accounts received during the preceding calendar year, in his or her own name or by any other person for his or her use or benefit, by the person filing the statement, or that person's spouse, and a brief description of the nature of the services income producing activities for which the income was received. This subdivision does not require a person filing the statement who derives income from a business, profession or occupation, or who's spouse derives income from a business, profession or occupation, to disclose the individual sources and items of income that constitute the gross income of that business, profession or occupation. nor does this subdivision require a person filing the statement to report the source or amount of income derived by his or her spouse.
(5) (6) If the person filing the statement, or that person's spouse, profited or benefitted in the year prior to before the date of filing from a contract for the sale of goods or services to a state, county, municipal or other local governmental agency either directly or through a partnership, corporation or association in which the person, or that person's spouse, owned or controlled more than ten percent, the person shall describe the nature of the goods or services and identify the governmental agencies which purchased the goods or services.
(6) (7) Each interest group or category listed below doing business in this state with which the person filing the statement, did business or furnished services and from which the person filing the statement, or that person's spouse, received more than twenty percent of his or her gross income during the preceding calendar year. The groups or categories are electric utilities, gas utilities, telephone utilities, water utilities, cable television companies, interstate transportation companies, intrastate transportation companies, oil or gas retail, companies, wholesale, exploration, production or drilling companies, banks, savings and loan associations, loan or finance companies, manufacturing companies, surface mining companies, deep mining companies, mining equipment companies, chemical companies, insurance companies, retail companies, beer, wine or liquor companies or distributors, recreation related companies, timbering companies, hospitals or other health care providers, trade associations, professional associations, associations of public employees or public officials, counties, cities or towns, labor organizations, waste disposal companies, wholesale companies, groups or associations promoting gaming or lotteries, advertising companies, media companies, race tracks, and promotional companies, lobbying, economic development entities, state government, construction, information technology and legal service providers.
(7) (8) The names of all persons, excluding that person's immediate family, parents or grandparents residing or transacting business in the state to whom the person filing the statement, owes, on the date of execution of this statement in the aggregate in his or her own name or in the name of any other person more than $5,000: Provided, That nothing herein shall require requires the disclosure of a mortgage on the person's primary and secondary residences or of automobile loans on automobiles maintained for the use of the person's immediate family, or of a student loan, nor shall does this section require the disclosure of debts which result from the ordinary conduct of the person's business, profession or occupation or of debts of the person filing the statement to any financial institution, credit card company or business, in which the person has an ownership interest: Provided, however, That the previous proviso shall does not exclude from disclosure loans obtained pursuant to the linked deposit program provided for in article one-a, chapter twelve of this code or any other loan or debt incurred which requires approval of the state or any of its political subdivisions.
(8) (9) The names of all persons except immediate family members, parents and grandparents residing or transacting business in the state (other than a demand or savings account in a bank, savings and loan association, credit union or building and loan association or other similar depository) who owes on the date of execution of this statement more than, in the aggregate, than $5,000 to the person filing the statement, either in his or her own name or to any other person for his or her use or benefit. This subdivision does not require the disclosure of debts owed to the person filing the statement which debts result from the ordinary conduct of the person's business, profession or occupation or of loans made by the person filing the statement to any business in which the person has an ownership interest.
(9) (10) The source of each gift, including those described in subdivision (2), subsection (c), section five of this article, having a value of over $100, received from a person having a direct and immediate interest in a governmental activity over which the person filing the statement has control, shall be reported by the person filing the statement when such the gift is given to said that person in his or her name or for his or her use or benefit during the preceding calendar year: Provided, That effective from passage of the amendments to this section enacted during the First Extraordinary Session of the Legislature in two thousand five any person filing a statement required to be filed pursuant to this section on or after the first day of January, two thousand five is not required to report those gifts described in subdivision (2), subsection (c), section five of this article that are otherwise required to be reported by a registered lobbyist under section four, article three of this chapter: Provided, however, That gifts received by will or by virtue of the laws of descent and distribution, or received from one's spouse, child, grandchild, parents or grandparents, or received by way of distribution from an inter vivos or testamentary trust established by the spouse or child, grandchild or by an ancestor of the person filing the statement are not required to be reported. As used in this subdivision, any series or plurality of gifts which exceeds in the aggregate the sum of $100 from the same source or donor, either directly or indirectly, and in the same calendar year shall be are regarded as a single gift in excess of that aggregate amount.
(11) The name of each for-profit business of which the person filing the statement, or that person's spouse, serves as a member of the board of directors or an officer, as well as a general description of the type of business.
(12) The name and business address of any child or step-child who is eighteen years or older and employed by state, county or municipal government.
(10) (13) The signature of the person filing the statement.
(b) Not withstanding the provisions of subsection (a) of this section, any person serving on a board, commission or agency for which no compensation, other than expense reimbursement, is statutorily authorized, is not required to disclose the financial information relating to his or her spouse as required by subdivisions three or five of subsection (a) of this section if:
(1) his or her spouse, or a business with which he or she is associated, are not regulated by, do not have a contract with, or do not receive any grants or appropriations from, the board, the commission or agency on which the person filing the statement serves. A business with which a filer's spouse is associated means a business in which the person or an immediate family member is a director, officer, owner, employee, compensated agent, or holder of stock which constitutes five percent or more of the total outstanding stocks of any class; and,
(2) the filer executes a signed statement on a form provided by the commission verifying these facts.
ARTICLE 3. LOBBYISTS.
§6B-3-2. Registration of lobbyists.
(a) Before engaging in any lobbying activity, or within thirty days after being employed as a lobbyist, whichever occurs first, a lobbyist shall register with the Ethics Commission by filing a lobbyist registration statement. The registration statement shall contain information and be in a form prescribed by the Ethics Commission by legislative rule, including, but not limited to, the following information:
(1) The registrant's name, business address, telephone numbers and any temporary residential and business addresses and telephone numbers used or to be used by the registrant while lobbying during a legislative session;
(2) The name, address and occupation or business of the registrant's employer;
(3) A statement as to whether the registrant is employed or retained by his or her employer solely as a lobbyist or is a regular employee performing services for the employer which include, but are not limited to, lobbying;
(4) A statement as to whether the registrant is employed or retained by his or her employer under any agreement, arrangement or understanding according to which the registrant's compensation, or any portion of the registrant's compensation, is or will be contingent upon the success of his or her lobbying activity;
(5) The general subject or subjects, if known, on which the registrant will lobby or employ some other person to lobby in a manner which requires registration under this article; and
(6) An appended written authorization from each of the lobbyist's employers confirming the lobbyist's employment and the subjects on which the employer is to be represented.
(b) Any lobbyist who receives or is to receive compensation from more than one person for services as a lobbyist shall file a separate notice of representation with respect to each person compensating him or her for services performed as a lobbyist. When a lobbyist whose fee for lobbying with respect to the same subject is to be paid or contributed by more than one person, then the lobbyist may file a single statement, in which he or she shall detail the name, business address and occupation of each person paying or contributing to the fee.
(c) Whenever a change, modification or termination of the lobbyist's employment occurs, the lobbyist shall, within one week of the change, modification or termination, furnish full information regarding the change, modification or termination by filing with the Commission an amended registration statement.
(d) Each lobbyist who has registered shall file a new registration statement, revised as appropriate, on the Monday preceding the second Wednesday in January of each odd-numbered year and failure to do so terminates his or her authorization to lobby. Until the registration is renewed, the person may not engage in lobbying activities unless he or she is otherwise exempt under paragraph (B), subdivision (7), section one of this article.
(e) No member of the Legislature, member of the Executive Department as referenced in article VII, section one of the Constitution of West Virginia, any secretary of an executive branch department created by the provisions of section two, article one, chapter five-f of this code, nor any person employed by a member of the Executive Department or a secretary of an executive branch department in the capacities of chief of staff, deputy chief of staff or general counsel or any person serving in the same capacity for the presiding officers of the West Virginia Senate or House of Delegates may register as a lobbyist for a period of one year after the termination of his or her public service or public employment. Provided, That the provisions of this subsection shall apply only to persons holding such positions on or after the first day of January, 2012.
At the request of Senator Helmick, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 2464) was laid over one day, retaining its place on the calendar, with the Judiciary committee amendment to the bill pending.
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. 35, Increasing nonfamily adoption tax credit.
Com. Sub. for Senate Bill No. 66, Relating to use of low-speed vehicles in municipalities.
Com. Sub. for Senate Bill No. 121, Authorizing DEP promulgate legislative rules.
Com. Sub. for Com. Sub. for Senate Bill No. 229, Creating Math and Science Teacher Loan Assistance Program.
Com. Sub. for Senate Bill No. 295, Authorizing DHHR promulgate legislative rules.
Senate Bill No. 328, Relating to issuance, disqualification, suspension and revocation of driver's licenses.
Com. Sub. for Senate Bill No. 330, Relating to higher education personnel generally.
Com. Sub. for Senate Bill No. 356, Making captive insurance company organized as risk retention group subject to certain insurance code provisions.
Com. Sub. for Senate Bill No. 387, Allowing retired officers carry concealed weapon.
Com. Sub. for Com. Sub. for Senate Bill No. 408, Creating WV Health Benefit Exchange Act.
Com. Sub. for Com. Sub. for Senate Bill No. 420, Clarifying county commissioners must reside in district they represent.
Senate Bill No. 435, Amending insurance code with respect to surplus lines insurance.
Com. Sub. for Senate Bill No. 461, Providing criminal penalty for violating restraining order entered upon conviction for stalking or harassment.
Com. Sub. for Senate Bill No. 472, Relating to portable electronics insurance.
Com. Sub. for Senate Bill No. 508, Allowing certain liquor licensees ability to conduct responsible liquor sampling events.
Com. Sub. for Senate Bill No. 510, Relating to requirements for new facility projects of public agencies and projects receiving state funds.
Senate Bill No. 530, Clarifying use of certain portion of revenues of racetracks with lottery table games.
Com. Sub. for Senate Bill No. 552, Creating crime of financial exploitation of elderly, protected or incapacitated person.
Com. Sub. for Senate Bill No. 582, Relating to seals of notaries and commissioners.
And,
Eng. Com. Sub. for House Bill No. 2613, Authorizing the Department of Military Affairs and Public Safety to promulgate legislative rules.
Pending announcement of meetings of standing committees of the Senate,
On motion of Senator Unger, the Senate recessed until 6 p.m. today.
At the expiration of the recess, the Senate reconvened and, at the request of Senator Unger, unanimous consent being granted, returned to the fourth order of business.
Senator Miller, from the Joint Committee on Enrolled Bills, submitted the following report, which was received:
Your Joint Committee on Enrolled Bills has examined, found truly enrolled, and on the 24th day of February, 2011, presented to His Excellency, the Governor, for his action, the following bills, signed by the Acting President of the Senate and the Speaker of the House of Delegates:
(S. B. No. 205), Updating certain terms in Corporation Net Income Tax Act.
(S. B. No. 215), Updating certain terms in Personal Income Tax Act.
And,
(S. B. No. 254), Making supplementary appropriation of federal funds to Development Office and Division of Human Services.
Respectfully submitted,
Ronald F. Miller,
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
Senate Bill No. 15, Providing one-time bonus to certain public employee and teacher annuitants.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 15 (originating in the Committee on Finance)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-10-22k; and to amend said code by adding thereto a new section, designated §18- 7A-26v, all relating to the Public Employees Retirement System and the State Teachers Retirement System; and providing for a one-time bonus of $1,200 for certain annuitants.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
Senator Prezioso, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 18, Requiring alcohol awareness education courses for certain employees of retailers and licensed private clubs.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 18 (originating in the Committee on Finance)--A Bill
to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §60-3A-3a; to amend and reenact §60-3A-4 of said code; and to amend said code by adding thereto a new section, designated §60-7-9, all relating to requiring certain employees of licensed private clubs and retail outlets selling alcoholic beverages to take the techniques for education and alcohol management course, the training for intervention procedures course, alcohol awareness programs provided by the American Hotel and Lodging Association or the National Restaurant Association or other similar alcohol awareness education courses provided or approved by the Alcohol Beverage Control Commissioner; allowing for the training to be done on-site by a manager or supervisor; and providing legislative rule-making authority.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
Senator Stollings, from the Committee on Health and Human Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under consideration
Senate Bill No. 202, Creating commission to develop pilot program to help at-risk youth.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 202 (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 §18-33-1, §18-33-2, §18-33-3 and §18-33-4, all relating to creating a commission to develop a pilot program to help at-risk youth in West Virginia; creation of commission; composition of the commission; powers and duties of the commission; outcome recommendations for pilot program; goals of the pilot program; and operation of the pilot program.
And,
Senate Bill No. 319, Establishing tax credit for certain medical providers.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 319 (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 §11-13BB-1, §11-13BB-2, §11-13BB-3, §11-13BB-4, §11-13BB-5, §11-13BB-6, §11-13BB-7, §11-13BB-8 and §11-13BB-9, all relating to establishing a tax credit for certain physicians who provide certain physician's services at no charge to certain free health facilities in West Virginia; setting forth findings; specifying definitions; authorizing credit; specifying the amount of tax credit; specifying how credit may be asserted; specifying no credit carryovers; specifying forms and schedules to be established by the Tax Commissioner; specifying ten thousand-dollar maximum credit per taxpayer per tax year; disallowing application of tax credit if the credit allowed under article thirteen-j of said chapter is allowed for the same credit base; providing for add back of deductions, adjustments or modifications to taxable income if based upon the same activity, in-kind service, donation or contribution for which credit is taken; authorizing the Tax Commissioner to promulgate rules; and specifying effective date.
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,
Ron Stollings,
Chair.

At the request of Senator Foster, unanimous consent being granted, the bills (Com. Sub. for S. B. Nos. 202 and 319) contained in the preceding report from the Committee on Health and Human Resources were each taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee references, were then referred to the Committee on Finance.
Senator Prezioso, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Com. Sub. for Senate Bill No. 245 (originating in the Committee on the Judiciary), Relating to protection of Chesapeake Bay Watershed.
And reports back a committee substitute for same with the following title:
Com. Sub. for Com. Sub. for Senate Bill No. 245 (originating in the Committee on Finance)--A Bill
to amend and reenact §22C-1-27 of the Code of West Virginia, 1931, as amended; to amend and reenact §29-22-18a of said code; to amend said code by adding thereto a new section, designated §29-22-18d; to amend and reenact §31-15A-9 of said code; and to amend said code by adding thereto a new section, designated §31-15A-17b, all relating to protection of the Chesapeake Bay Watershed; increasing the bonding authority of the Water Development Authority for limited purpose; increasing amount of excess lottery revenue deposited to infrastructure fund; providing for distribution to infrastructure fund where excess lottery revenue shortfall occurs; providing exemption for excess lottery revenue deposited to infrastructure fund; creating the West Virginia Infrastructure Lottery Revenue Debt Service Fund and providing for purpose of new fund; authorizing Water Development Authority to issue revenue bonds for certain Chesapeake Bay Watershed projects; establishing deadline for publicly owned wastewater facilities subject to Chesapeake Bay compliance standards to submit ten-year projected capital funding plan to Infrastructure Council for review and approval; providing eligibility for funding; requiring Water Development Authority to report to Joint Committee on Government and Finance regarding total cost of Chesapeake Bay compliance projects; making Chesapeake Bay compliance projects with funding approved before a certain date eligible for grant funding; and limiting eligibility of grant funding.
With the recommendation that the committee substitute for committee substitute do pass.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
Senator Palumbo, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Com. Sub. for Senate Bill No. 283 (originating in the Committee on Health and Human Resources), Creating Unintentional Pharmaceutical Drug Overdose Fatality Review Team.
And reports back a committee substitute for same with the following title:
Com. Sub. for Com. Sub. for Senate Bill No. 283 (originating in the Committee on the Judiciary)--A Bill
to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §61-12A-1, §61-12A-2, §61-12A-3 and §61-12A-4, all relating to the creation of the Unintentional Pharmaceutical Drug Overdose Fatality Review Team under the Office of the Chief Medical Examiner; setting forth membership of the team; 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; requiring other state agencies, hospitals and other health agencies to cooperate with the team; and granting rule-making authority.
With the recommendation that the committee substitute for committee substitute do pass; but with the further recommendation that it first be referred to the Committee on Finance.
Respectfully submitted,
Corey Palumbo,
Chair.
At the request of Senator Wills, unanimous consent being granted, the bill (Com. Sub. for Com. Sub. for S. B. No. 283) 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.
Thereafter, on motion of Senator Wills, the bill was 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. 366, Relating to Underground Storage Tank Administrative Fund.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
Senator Green, from the Committee on Energy, Industry and Mining, submitted the following report, which was received:
Your Committee on Energy, Industry and Mining has had under consideration
Senate Bill No. 424, Regulating oil and gas wells.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 424 (originating in the Committee on Energy, Industry and Mining)--A Bill
to amend and reenact §22-6-1 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new article, designated §22-6A- 1, §22-6A-2, §22-6A-3, §22-6A-4, §22-6A-5, §22-6A-6, §22-6A-7, §22- 6A-8, §22-6A-9, §22-6A-10, §22-6A-11, §22-6A-12, §22-6A-13, §22-6A- 14, §22-6A-15 and §22-6A-16; to amend and reenact §22C-8-2 of said code; and to amend and reenact §22C-9-2 of said code, all relating generally to oil and gas and oil and gas wells; defining certain new terms and amending existing definitions of certain terms; creating Natural Gas Horizontal Well Control Act; providing short title; making legislative findings and declarations of public policy; providing for application of new act; defining terms used in said act; specifying powers and duties of Secretary of Department of Environmental Protection; incorporating by reference certain sections of existing code relating to oil and gas wells; requiring horizontal well permits; requiring application for permit; specifying content of application and required attachments; requiring posting of bond and payment of permit fees; permitting waiver of certain requirements under specified circumstances and for issuance of emergency permits; providing for suspension and reinstatement of permits; providing for appeals of certain actions of Secretary of Department of Environmental Protection; imposing criminal penalties for violation of permit requirements; providing for review of permit applications and for issuance of permits; specifying operator performance standards; providing for copies of permits to be furnished to county assessors; requiring certificate of approval for large impoundment construction; requiring application for certificate; specifying content of application and required attachments and payment of fees; providing for revocation or suspension of certificates; requiring hearing before certificate of approval is amended, suspended or revoked without consent of operator; providing for administrative appeals; providing exceptions for certain farm ponds; authorizing Secretary of Department of Environmental Protection to propose legislative rules for consideration by Legislature; imposing civil money penalties; providing for permit revocation and bond forfeiture; requiring notice to property owners when application for well permit is made or application for certificate of approval of impoundment is filed and providing property owners with certain rights; providing for plugging and abandonment of horizontal wells; requiring promulgation of certain legislative rules; specifying reclamation requirements; requiring performance bonds; providing presumptions and rebuttals in water rights civil actions; imposing civil and criminal penalties for certain offenses; specifying prospective application of act; and excluding for one year the issuance of permits for horizontal drilling in Karst Formations in Greenbrier and Monroe counties.
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,
Mike Green,
Chair.
At the request of Senator D. Facemire, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 424) contained in the preceding report from the Committee on Energy, Industry and Mining was taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee reference, was then referred to the Committee on 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. 428, Increasing fees charged by clerk of circuit court for medical professional liability actions.
Now on second reading, having been read a first time and referred to the Committee on Finance on February 18, 2011;
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
Senator Stollings, from the Committee on Health and Human Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under consideration
Senate Bill No. 440, Requiring prescription for drug products containing chemical precursors of methamphetamine.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 440 (originating in the Committee on Health and Human Resources)--A Bill
to repeal §60A-10- 4, §60A-10-5, §60A-10-6, §60A-10-7 and §60A-10-8 of the Code of West Virginia, 1931, as amended; to amend and reenact §60A-2-208 and §60A-2-212 of said code; and to amend and reenact §60A-10-2, §60A-10-3 and §60A-10-11 of said code, all relating to adding ephedrine, pseudoephedrine and phenylpropanolamine to the list of Schedule III substances; requiring a prescription to dispense drug products containing as an active ingredient ephedrine, pseudoephedrine, phenylpropanolamine; removing ephedrine, pseudoephedrine and phenylpropanolamine from the list of Schedule V substances; to repeal certain provisions that do not apply to prescription drugs; to add findings; to eliminate definitions that no longer are needed; and to provide a report back to the Legislative Oversight Commission on Health and Human Resources Accountability.
And,
Senate Bill No. 532, Relating to fraud and abuse in Medicaid program.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 532 (originating in the Committee on Health and Human Resources)--A Bill
to amend and reenact §9-7-1, §9-7-2, §9-7-3, §9-7-4, §9-7-5, §9-7-6 and §9-7-8 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto three new sections, designated §9-7-3a, §9- 7-5a and §9-7-6a, all relating to the Department of Health and Human Resources; fraud and abuse in the Medicaid program; powers and duties of the Medicaid Fraud Control Unit; definitions under said article; investigation procedures for the Medicaid Fraud Control Unit; Medicaid Fraud Unit lawyers assisting prosecutors in Medicaid crimes; Medicaid crimes and criminal penalties; venue for crimes committed against Medicaid; limiting the liability of employees of the Department of Health and Human Resources; and other remedies and criminal penalties.
With the recommendation that the two committee substitutes do pass; but under the original double committee references first be referred to the Committee on the Judiciary.
Respectfully submitted,
Ron Stollings,
Chair.

At the request of Senator Stollings, unanimous consent being granted, the bills (Com. Sub. for S. B. Nos. 440 and 532) contained in the preceding report from the Committee on Health and Human Resources were each taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee references, were then referred to the Committee on the Judiciary.
Senator Palumbo, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 444, Relating to protection of nonfamily or nonhousehold members from sexual offenses, stalking and harassment.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 444 (originating in the Committee on the Judiciary)--A Bill
to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §62-10A-1, §62-10A-2, §62-10A-3, §62-10A-4, §62-10A-5, §62-10A-6, §62-10A-7, §62-10A-8, §62-10A-9, §62-10A-10, §62-10A-11, §62-10A-12, §62-10A-13, §62-10A-14, §62-10A-15, §62-10A-16, §62- 10A-17, §62-10A-18, §62-10A-19, §62-10A-20, §62-10A-21, §62-10A-22, §62-10A-23, §62-10A-24, §62-10A-25, §62-10A-26, §62-10A-27 and §62- 10-28, all relating to the protection of nonfamily or nonhousehold members; setting forth the purpose of the article; defining terms; establishing jurisdiction of magistrate and circuit courts; establishing venue for actions; establishing procedures for filing petitions, hearings, entry of orders and contents of orders; declaring orders effective statewide; establishing means of service of process; making proceedings confidential; making rules of evidence applicable to proceedings; establishing time periods for orders; prohibiting mutual orders; establishing procedures for appeals and pursuing of records; requiring orders be filed in domestic violence database; limiting use of information obtained during proceedings; allowing for civil contempt for violations of orders; creating offenses for violations of protection orders; directing Supreme Court of Appeals to create forms; granting immunity to persons seeking orders; orders in good faith; and establishing penalties.
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. 465 (originating in the Committee on Energy, Industry and Mining), Creating Marcellus Gas and Manufacturing Development Act of 2011.
And reports back a committee substitute for same with the following title:
Com. Sub. for Com. Sub. for Senate Bill No. 465 (originating in the Committee on Finance)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5B-2H-1, §5B-2H-2 and §5B-2H-3; to amend said code by adding thereto a new section, designated §11-1C-11c; to amend and reenact §11-6D-1, §11-6D-2, §11-6D-3, §11-6D-4, §11-6D-5, §11-6D-6, §11-6D-7 and §11-6D-8 of said code; to amend said code by adding thereto a new section, designated §11-6D-9; to amend and reenact §11-6F-2 and §11-6F-3 of said code; to amend said code by adding thereto a new section, designated §11-13A-5b; to amend and reenact §11-13R-3 of said code; to amend and reenact §11-13S-3 and §11-13S-4 of said code; to amend and reenact §11-15-8d of said code; and to amend and reenact §24-2F-3 of said code, all relating generally to the Marcellus Gas and Manufacturing Development Act of 2011; providing short title; making legislative findings and declarations; creating a tax credit for the personal property tax on horizontal drilling rigs and related equipment; authorizing the Tax Commissioner to promulgate rules; amending and reinstating alternative fuel motor vehicle tax credit; providing credit for alternative fuel refueling facilities; making legislative findings; stating legislative purpose; defining terms; allowing credit for purchase of alternative fuel motor vehicles, conversion of vehicles to alternative fuel motor vehicles and for commercial and residential alternative fuel refueling facilities; providing for expiration of credits; requiring Tax Commissioner to promulgate rules and design forms; providing for carryover of unused credits and for recapture of credits; amending definition of "manufacturing" for purposes of special method for appraising qualified capital additions to manufacturing facilities for property tax purposes; providing new rules for treatment of certified capital addition property; setting baseline for oil and gas severance tax collections; providing for excess distribution and deposit of excess collections; amending definition of "research and development" for purposes of strategic research and development tax credit; amending definition of "manufacturing" for purposes of manufacturing investment tax credit; requiring certain business activities comply with the West Virginia Jobs Act in order to be eligible for the manufacturing investment tax credit; providing additional exception to limitation on right to assert sales and use tax exemptions; and clarifying meaning of "natural gas" for purposes of Alternative and Renewable Energy Portfolio Standard Act.
With the recommendation that the committee substitute for committee substitute do pass.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
At the request of Senator Prezioso, unanimous consent being granted, the bill (Com. Sub. for Com. Sub. for S. B. No. 465) 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 Plymale, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration
Senate Bill No. 467, Prohibiting teachers from being assigned additional duties during planning period without consent.
And,
Eng. Com. Sub. for House Bill No. 2709, Allowing county school boards to enter into energy-saving contracts.
And reports the same back with the recommendation that they each do pass.
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
Com. Sub. for Senate Bill No. 488 (originating in the Committee on Health and Human Resources), Relating to AIDS-Related Medical Testing and Records Confidentiality Act.
And reports back a committee substitute for same with the following title:
Com. Sub. for Com. Sub. for Senate Bill No. 488 (originating in the Committee on the Judiciary)--A Bill
to repeal §16-3C-7 of the Code of West Virginia, 1931, as amended; and to amend and reenact §16-3C-1, §16-3C-2 and §16-3C-3 of said code, all relating to HIV testing generally; repealing the authority of the Department of Corrections to conduct AIDS-related study; providing for AIDS- related testing and confidentiality of records; providing definitions; providing who may request testing; providing when testing may be mandated; providing for confidentiality of records; providing enforcement mechanism for orders of the Commissioner of the Bureau for Public Health; eliminating requirements for counseling in certain circumstances; eliminating requirement for information regarding HIV and AIDS be provided to persons applying for marriage licenses; and providing when disclosure is permitted.
With the recommendation that the committee substitute for committee substitute do pass.
Respectfully submitted,
Corey Palumbo,
Chair.
Senator Prezioso, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Com. Sub. for Senate Bill No. 516, Requiring state board establish digital learning program.
Now on second reading, having been read a first time and referred to the Committee on Finance on February 18, 2011;
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
Senator Palumbo, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Com. Sub. for Senate Bill No. 526 (originating in the Committee on Health and Human Resources), Allowing certain emergency service providers possess Naloxone to administer in suspected overdoses.
And reports back a committee substitute for same with the following title:
Com. Sub. for Com. Sub. for Senate Bill No. 526 (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 §16-4C-24, relating to allowing State Police, police, sheriffs and fire and emergency service providers to possess Naloxone to administer in suspected narcotic drug overdoses; defining terms; providing for training; granting immunity to trainers; granting immunity to initial responders; providing for data gathering and reporting; and authorizing legislative or emergency rules.
With the recommendation that the committee substitute for 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. 540, Creating Equine Early Intervention and Protection Act.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 540 (originating in the Committee on the Judiciary)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §19-33-1, §19-33-2, §19-33-3, §19-33-4 and §19-33-5, all relating to creating the Equine Rescue Facilities Act; providing definitions; licensing of equine facilities; providing for inspections; authorizing legislative rules; and providing
penalties.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Corey Palumbo,
Chair.
Senator Palumbo, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 568, Providing attorney from public defender office be appointed by judge in certain cases.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Corey Palumbo,
Chair.
Senator Plymale, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration
Senate Bill No. 592, Requiring schools have crisis response plans.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 592 (originating in the Committee on Education)--A Bill
to amend and reenact §18-9F-1 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §18-9F-9; and to amend and reenact §18-28-2 of said code, all relating to requiring that schools have crisis response plans; updating legislative findings and intent; requiring the state board in conjunction with the Division of Homeland Security and Emergency Management to develop a model school crisis response plan, to annually review and, if necessary, update the model plan and to develop certain necessary safeguards to protect certain information in each response plan; requiring each school to form a crisis response planning team; requiring annual review of each school's crisis response plan and updating of plan if necessary; requiring state board to promulgate rule setting forth required inclusions for each plan; and making private, parochial and religious schools subject to crisis response plan requirements.
With the recommendation that the committee substitute do pass.
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
Senate Bill No. 609 (originating in the Committee on the Judiciary)--A Bill
to amend and reenact §30-18-1 of the Code of West Virginia, 1931, as amended, relating to clarifying that employees of property management firms employed by residential property owners' associations are not required to be licensed as security guards.
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 Concurrent Resolution No. 15, Requesting Joint Committee on Government and Finance study need to improve awareness and usage of residential fire sprinklers.
And reports the same back with the recommendation that it be adopted; but under the original double committee reference first be referred to the Committee on Rules.
Respectfully submitted,
Corey Palumbo,

Chair.
The resolution, under the original double committee reference, was then referred to the Committee on Rules.
On motion of Senator Unger, a leave of absence for the day was granted Senator Tomblin (Mr. President).
Pending announcement of meetings of standing committees of the Senate,
On motion of Senator Unger, the Senate adjourned until tomorrow, Friday, February 25, 2011, at 11 a.m.
____________

This Web site is maintained by the West Virginia Legislature's Office of Reference & Information.  |  Terms of Use  |   Web Administrator   |   © 2014 West Virginia Legislature **