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-45th day
WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

EIGHTIETH LEGISLATURE

REGULAR SESSION, 2011

FORTY-FIFTH DAY

____________

Charleston, W. Va., Friday, February 25, 2011

The Senate met at 11 a.m.
(Senator Kessler, Acting 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 Thursday, February 24, 2011,
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 Senate proceeded to the sixth order of business.
Senators Fanning, Edgell, Yost, Stollings and Klempa offered the following resolution:
Senate Concurrent Resolution No. 48--Requesting the Joint Committee on Government and Finance study the need for legislation to clarify the law relating to the right of disposition of a deceased person's remains.
Whereas, There is a need in this state to provide for a more clearly delineated right of disposition to reduce potential conflicts as to who has the right to make decisions regarding the disposition of the remains of a deceased person; and
Whereas, In this state too many conflicts arise between loved ones of the deceased or other persons with legal status as to the deceased over such important and emotionally charged decisions as the location, manner and conditions of disposition of the deceased's remains, and other arrangements for funeral goods and services; and
Whereas, The National Funeral Directors Association has proposed a model "Right of Disposition Law" to better address the problems which arise relating to the right of disposition of a deceased person's remains; and
Whereas, This model "Right of Disposition Law" would serve as a good basis for developing and implementing legislation to address this issue; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the need for legislation to clarify the law relating to the right of disposition of a deceased person's remains; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the Legislature on the first day of the regular session, 2012, on its findings, conclusions and recommendations together with drafts of any legislation to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
Which, under the rules, lies over one day.
Senators Jenkins, Plymale, Foster, Kessler (Acting President), Yost, Stollings, Klempa and Unger offered the following resolution:
Senate Resolution No. 41--Recognizing Rhonda Smalley and the Cabell Midland High School Band for their exceptional accomplishments, dedication and for proudly representing its school, county and state.
Whereas, Rhonda Smalley has directed the Cabell Midland High School Band since its inception in 1994, and it is under her leadership as a music teacher in Cabell County for the past 40 years, that scores of students have discovered the pleasure of musical performances; and
Whereas, The Cabell Midland High School Band program has provided exceptional musical performances since its inception; and
Whereas, The Cabell Midland High School Band has won 62 Marching Band Grand Championships and 6 Marshall University Tri- State Marching Band Championships; and
Whereas, The Cabell Midland High School Band has earned superior ratings for 16 straight years; and
Whereas, The Cabell Midland High School Band has twice been named the Marshall University Jazz Festival Honor Band and won a national first place award at the All-American Festival in Orlando, Florida; and
Whereas, The Cabell Midland High School Band has excelled in- state as the featured band for four years at the Joyful Night program at the State Capitol and is an 8-time winner of the West Virginia Black Walnut Festival Honor Band award; and
Whereas, The Cabell Midland High School Band has excelled across the country, performing twice for the President of the United States and receiving national honors at the Peach Bowl, Gator Bowl, Outback Bowl, Orange Bowl, Disney World, All-American Music Festival and Indianapolis 500 Parade; and
Whereas, The Cabell Midland High School Band has excelled internationally at the Toronto Music Festival in Canada and has also performed in the Bahamas, Mexico and Belize; and
Whereas, Under the direction of Rhonda Smalley, the Cabell Midland High School Band, is a shining example of what can be accomplished through dedication, commitment and teamwork; therefore, be it
Resolved by the Senate:
That the Senate hereby recognizes Rhonda Smalley and the Cabell Midland High School Band for their exceptional accomplishments, dedication and for proudly representing its school, county and state; and, be it
Further Resolved, That the Senate congratulates each member of the Cabell Midland High School Band for their accomplishments and wishes them each a bright future ahead; and, be it
Further Resolved, That the Senate extends its well wishes to Rhonda Smalley on the occasion of her upcoming retirement and thanks her for her dedicated public service; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the Cabell Midland High School Band and to Rhonda Smalley.
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.
On motion of Senator Unger, the Senate recessed for one minute.
Upon expiration of the recess, the Senate reconvened and proceeded to the eighth order of business.
Eng. Senate Joint Resolution No. 9, Proposing amendment to Constitution designated The Silenced Majority Local Levy and Bond Amendment.
On third reading, coming up in regular order, was read a third time and put upon its adoption.
On the adoption of the resolution, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, 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: Fanning and Tomblin (Mr. President)--2.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the Acting President declared the resolution (Eng. S. J. R. No. 9) adopted as follow:
Eng. Senate Joint Resolution No. 9--Proposing an amendment to the Constitution of the State of West Virginia, amending article X thereof by adding thereto a new section, designated section twelve, relating to simple majority rule on all county, city, school district and municipal excess levies and bonds; allowing counties, cities, school districts and municipal corporations to approve, by a vote of the people, excess levies and issue bonds by a majority of the votes cast for and against the same; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment.
Resolved by the Legislature of West Virginia, two thirds of the members elected to each house agreeing thereto:
That the question of ratification or rejection of an amendment to the Constitution of the State of West Virginia be submitted to the voters of the state at the next general election to be held in the year 2012, which proposed amendment is that article X thereof be amended by adding thereto a new section, designated section twelve, to read as follows:
ARTICLE X. TAXATION AND FINANCE.
§12. Simple majority approval for all county, city, school district and municipal corporation levies and bonds.

Notwithstanding the provisions of section one or eight of this article relating to a vote of the people or any other provision of this Constitution to the contrary, a county, city, school district or municipal corporation may contract indebtedness and issue bonds for purpose as provided by law, if, when submitted to a vote of the people of the county, city, school district or municipal corporation, in the manner provided by law, the question of contracting indebtedness and issuing bonds is approved by a majority of the votes cast for and against the same.
Notwithstanding the provisions of section one or eight of this article relating to a vote of the people or any other provision of this Constitution to the contrary, a county, city, school district or municipal corporation may increase tax levies in the amount and manner as provided by law, if, when submitted to a vote of the people of the county, city, school district or municipal corporation, in the manner provided by law, the question of increasing tax levies is approved by a majority of the votes cast for and against the same.
__________

Resolved further, That in accordance with the provisions of article eleven, chapter three of the Code of West Virginia, 1931, as amended, the proposed amendment is hereby numbered "Amendment 1" and designated as "The Silenced Majority Local Levy and Bond Amendment" and the purpose of the proposed amendment is summarized as follows: "To allow a simple majority approval for all county, city, school district and municipal levies and bonds."
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Senate Joint Resolution No. 10, Proposing amendment to Constitution designated Repeal The Two Consecutive Term Limitation for Sheriffs Amendment.
On third reading, coming up in regular order, with the right having been granted on yesterday, Thursday, February 24, 2011, for amendments to be received on third reading, was reported by the Clerk.
At the request of Senator Chafin, unanimous consent being granted, further consideration of the resolution was deferred until the conclusion of bills on today's second reading calendar.
Eng. Com. Sub. for Senate Bill No. 96, Relating generally to certain county officials.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Foster, Green, Hall, Helmick, Jenkins, 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: Fanning and Tomblin (Mr. President)--2.
So, a majority of all the members present and voting having voted in the affirmative, the Acting President declared the bill (Eng. Com. Sub. for S. B. No. 96) passed with its title.
Senator Unger moved that the bill take effect July 1, 2011.
On this question, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, 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: Fanning and Tomblin (Mr. President)--2.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the Acting President declared the bill (Eng. Com. Sub. for S. B. No. 96) takes effect July 1, 2011.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Senate Bill No. 112, Authorizing Department of Administration promulgate legislative rules.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Foster, Green, Hall, Helmick, Jenkins, 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: Fanning and Tomblin (Mr. President)--2.
So, a majority of all the members present and voting having voted in the affirmative, the Acting President declared the bill (Eng. Com. Sub. for S. B. No. 112) passed with its title.
Senator Unger moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Foster, Green, Hall, Helmick, Jenkins, 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: Fanning and Tomblin (Mr. President)--2.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the Acting President declared the bill (Eng. Com. Sub. for S. B. No. 112) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Senate Bill No. 177, Authorizing Department of Revenue promulgate legislative rules.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Foster, Green, Hall, Helmick, Jenkins, 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: Fanning and Tomblin (Mr. President)--2.
So, a majority of all the members present and voting having voted in the affirmative, the Acting President declared the bill (Eng. Com. Sub. for S. B. No. 177) passed with its title.
Senator Unger moved that the bill take effect passage.
On this question, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, 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: Fanning and Tomblin (Mr. President)--2.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the Acting President declared the bill (Eng. Com. Sub. for S. B. No. 177) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Senate Bill No. 228, Creating Local Solution Dropout Prevention and Recovery Act.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Foster, Green, Hall, Helmick, Jenkins, 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: Fanning and Tomblin (Mr. President)--2.
So, a majority of all the members present and voting having voted in the affirmative, the Acting President declared the bill (Eng. Com. Sub. for S. B. No. 228) passed with its title.
Senator Unger moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Foster, Green, Hall, Helmick, Jenkins, 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: Fanning and Tomblin (Mr. President)--2.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the Acting President declared the bill (Eng. Com. Sub. for S. B. No. 228) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Com. Sub. for Senate Bill No. 272, Relating to WV Tax Increment Financing Act.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Foster, Green, Hall, Helmick, Jenkins, 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: Fanning and Tomblin (Mr. President)--2.
So, a majority of all the members present and voting having voted in the affirmative, the Acting President declared the bill (Eng. Com. Sub. for Com. Sub. for S. B. No. 272) passed with its title.
Senator Unger moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Foster, Green, Hall, Helmick, Jenkins, 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: Fanning and Tomblin (Mr. President)--2.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the Acting President declared the bill (Eng. Com. Sub. for Com. Sub. for S. B. No. 272) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Senate Bill No. 279, Relating to work camps for nonviolent offenders.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Foster, Green, Hall, Helmick, Jenkins, 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: Fanning and Tomblin (Mr. President)--2.
So, a majority of all the members present and voting having voted in the affirmative, the Acting President declared the bill (Eng. Com. Sub. for S. B. No. 279) 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. 351, Regulating captive cervid farming as agricultural enterprise.
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, Chafin, Edgell, D. Facemire, K. Facemyer, Foster, Green, Hall, Helmick, Jenkins, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Snyder, Stollings, Sypolt, Tucker, Wells, Williams, Wills and Kessler (Acting President)--27.
The nays were: Browning, Klempa, Prezioso, Unger and Yost--5.
Absent: Fanning and Tomblin (Mr. President)--2.
So, a majority of all the members present and voting having voted in the affirmative, the Acting President declared the bill (Eng. S. B. No. 351) 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. 456, Relating to responsibilities of Marketing and Communications Office of Department of Commerce.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Foster, Green, Hall, Helmick, Jenkins, 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: Fanning and Tomblin (Mr. President)--2.
So, a majority of all the members present and voting having voted in the affirmative, the Acting President declared the bill (Eng. S. B. No. 456) passed with its title.
Senator Unger moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Foster, Green, Hall, Helmick, Jenkins, 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: Fanning and Tomblin (Mr. President)--2.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the Acting President declared the bill (Eng. S. B. No. 456) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.

Eng. Com. Sub. for Senate Bill No. 458, Updating Logging Sediment Control Act.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Foster, Green, Hall, Helmick, Jenkins, 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: Fanning and Tomblin (Mr. President)--2.
So, a majority of all the members present and voting having voted in the affirmative, the Acting President declared the bill (Eng. Com. Sub. for S. B. No. 458) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.

Eng. Com. Sub. for Senate Bill No. 495, Relating generally to use of electronic voting systems.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Foster, Green, Hall, Helmick, Jenkins, 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: Fanning and Tomblin (Mr. President)--2.
So, a majority of all the members present and voting having voted in the affirmative, the Acting President declared the bill (Eng. Com. Sub. for S. B. No. 495) passed with its title.
Senator Unger moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Foster, Green, Hall, Helmick, Jenkins, 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: Fanning and Tomblin (Mr. President)--2.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the Acting President declared the bill (Eng. Com. Sub. for S. B. No. 495) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.

Eng. Senate Bill No. 546, Relating to municipal police and firefighter pensions.
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, 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)--31.
The nays were: None.
Absent:
K. Facemyer, Fanning and Tomblin (Mr. President)--3.
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. 546) passed with its title.
Senator Unger moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, 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)--31.
The nays were: None.
Absent:
K. Facemyer, Fanning and Tomblin (Mr. President)--3.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the Acting President declared the bill (Eng. S. B. No. 546) takes effect July 1, 2011.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.

Eng. Senate Bill No. 563, Authorizing municipalities to create deferred retirement option plans for certain employees.
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, 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)--31.
The nays were: None.
Absent:
K. Facemyer, Fanning and Tomblin (Mr. President)--3.
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. 563) 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. 35, Increasing nonfamily adoption tax credit.
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. 66, Relating to use of low-speed vehicles in municipalities.
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. 121, Authorizing DEP 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 Com. Sub. for Senate Bill No. 229, Creating Math and Science Teacher Loan Assistance Program.
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. 295, Authorizing DHHR promulgate legislative rules.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 328, Relating to issuance, disqualification, suspension and revocation of driver's licenses.
On second reading, coming up in regular order, was read a second time.
The following amendment to the bill, from the Committee on Transportation and Infrastructure, was reported by the Clerk and adopted:
On page eighteen, section six, line twenty-nine, after "(b)" by inserting the words "or (c)".
The following amendment to the bill, from the Committee on the Judiciary, was next reported by the Clerk and adopted:
On page fifty-nine, section fourteen-a, by striking out all of subsection (d).
The bill (S. B. No. 328), as amended, was then
ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 330, Relating to higher education personnel generally.
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. 356, Making captive insurance company organized as risk retention group subject to certain insurance code provisions.
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. 387, Allowing retired officers carry concealed weapon.
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. 408, Creating WV Health Benefit Exchange 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. 420, Clarifying county commissioners must reside in district they represent.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 428, Increasing fees charged by clerk of circuit court for medical professional liability actions.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 435, Amending insurance code with respect to surplus lines insurance.
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. 461, Providing criminal penalty for violating restraining order entered upon conviction for stalking or harassment.
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. 465, Creating Marcellus Gas and Manufacturing Development Act of 2011.
On second reading, coming up in regular order, was read a second time.
On motion of Senator McCabe, the following amendments to the bill were reported by the Clerk and adopted:
On page seven, section three, line seventeen, by striking out the word "take" and inserting in lieu thereof the words "begin taking";
And,
On page seven, section three, line seventeen, after the word "credit" by inserting the words "for the five-year period".
The bill (Com. Sub. for Com. Sub. for S. B. No. 465), as amended, was then
and ordered to engrossment and third reading.
On motion of Senator Unger, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, 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)--31.
The nays were: None.
Absent:
K. Facemyer, Fanning and Tomblin (Mr. President)--3.
Engrossed Committee Substitute for Committee Substitute for Senate Bill No. 465 was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, 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)--31.
The nays were: None.
Absent:
K. Facemyer, Fanning and Tomblin (Mr. President)--3.
So, a majority of all the members present and voting having voted in the affirmative, the Acting President declared the bill (Eng. Com. Sub. for Com. Sub. for S. B. No. 465) passed with its title.
Senator Unger moved that the bill take effect July 1, 2011.
On this question, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, 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)--31.
The nays were: None.
Absent:
K. Facemyer, Fanning and Tomblin (Mr. President)--3.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the Acting President declared the bill (Eng. Com. Sub. for Com. Sub. for S. B. No. 465) takes effect July 1, 2011.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Com. Sub. for Senate Bill No. 472, Relating to portable electronics insurance.
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. 508, Allowing certain liquor licensees ability to conduct responsible liquor sampling events.
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. 510, Relating to requirements for new facility projects of public agencies and projects receiving state funds.
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. 516, Requiring state board establish digital learning program.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 530, Clarifying use of certain portion of revenues of racetracks with lottery table games.
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. 552, Creating crime of financial exploitation of elderly, protected or incapacitated person.
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. 582, Relating to seals of notaries and commissioners.
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.
Having been read a second time on yesterday, Thursday, February 24, 2011, and now coming up in regular order with the Judiciary committee amendment to the bill (as shown in the Senate Journal of that day, pages 14 through 23, inclusive)
pending, was reported by the Clerk.
The question being on the adoption of the Judiciary committee amendment to the bill.
On motion of Senator Helmick, the following amendment to the Judiciary committee amendment to the bill
was reported by the Clerk:
On page five, section seven, subsection, (a), subdivision (1), after the words "cohabits with the person filing the statement" by changing the period to a comma and inserting the words "including any individual who is a partner in a civil union or same sex marriage recognized under the laws of any state or territory of the United States."
The question being on the adoption of Senator Helmick's amendment to the Judiciary committee amendment to the bill, the same was put and did not prevail.
The question now being on the adoption of the Judiciary committee amendment to the bill, the same was put and prevailed.
The bill (Eng. Com. Sub. for House Bill No. 2464
), as amended, was then ordered to third reading.
Eng. Com. Sub. for House Bill No. 2613, Authorizing the Department of Military Affairs and Public Safety to promulgate legislative rules.
On second reading, coming up in regular order, was read a second time and ordered to third reading.
The end of today's second reading calendar having been reached, the Senate returned to the consideration of
Senate Joint Resolution No. 10, Providing one-time supplement to certain public employee and teacher annuitants.
On third reading, coming up in deferred order, with the right having been granted on yesterday, Thursday, February 24, 2011, for amendments to be received on third reading, was reported by the Clerk.
On motion of Senator Chafin, the following amendment to the resolution was reported by the Clerk:
On page one, after the Resolved clause, by striking out the words "That the question of ratification or rejection of an amendment to the Constitution of the State of West Virginia be submitted to the voters of the state at the next general election to be held in the year 2012, which proposed amendment is that section three, article IX thereof be repealed to read as follows:" and inserting in lieu thereof the following:
That the question of ratification or rejection of an amendment to the Constitution of the State of West Virginia be submitted to the voters of the state at the special general election to be held in the year 2011, which proposed amendment is that section three, article IX thereof be repealed to read as follows:.
Pending discussion,

The question being on the adoption of Senator Chafin's amendment to the resolution, the same was put and did not prevail.
The resolution was ordered to engrossment.
Engrossed Senate Joint Resolution No. 10 was then read a third time and put upon its adoption.
On the adoption of the resolution,
the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, Foster, 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)--30.
The nays were: None.
Absent: K. Facemyer, Fanning, Green and Tomblin (Mr. President)--4.

So, two thirds of all the members elected to the Senate having voted in the affirmative, the Acting President declared the resolution (Eng. S. J. R. No. 10) adopted, as follows:
Eng. Senate Joint Resolution No. 10--Proposing an amendment to the Constitution of the State of West Virginia, repealing section three, article IX thereof, relating to sheriffs serving more than two consecutive terms; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment.
Resolved by the Legislature of West Virginia, two thirds of the members elected to each house agreeing thereto:
That the question of ratification or rejection of an amendment to the Constitution of the State of West Virginia be submitted to the voters of the state at the next general election to be held in the year 2012, which proposed amendment is that section three, article IX thereof be repealed.
__________

Resolved further, That in accordance with the provisions of article eleven, chapter three of the Code of West Virginia, 1931, as amended, such proposed amendment is hereby numbered "Amendment No. 1" and designated as the "Repeal The Two Consecutive Term Limitation for Sheriffs Amendment" and the purpose of the proposed amendment is summarized as follows: "To repeal section three, article IX of the State Constitution which provides that a person who has been elected or who has served as a sheriff during all or any part of two consecutive terms shall be ineligible for the office of sheriff during any part of the term immediately following the second of the two consecutive terms, and that the person holding the office of sheriff when this section is ratified shall not be prevented from holding the office of sheriff during the term immediately following the term he is serving."
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
The Senate proceeded to the tenth order of business.
The following bills on first reading, coming up in regular order, were each read a first time and ordered to second reading:
Com. Sub. for Senate Bill No. 15, Providing one-time bonus to certain public employee and teacher annuitants.
Com. Sub. for Senate Bill No. 18, Requiring alcohol awareness education courses for certain employees of retailers and licensed private clubs.
Com. Sub. for Com. Sub. for Senate Bill No. 245, Relating to protection of Chesapeake Bay Watershed.
Senate Bill No. 366, Relating to Underground Storage Tank Administrative Fund.
Com. Sub. for Senate Bill No. 444, Relating to protection of nonfamily or nonhousehold members from violations of personal safety.
Senate Bill No. 467, Prohibiting teachers from being assigned additional duties during planning period without consent.
Com. Sub. for Com. Sub. for Senate Bill No. 488, Revising HIV testing statute to conform with most recent recommendations from CDC.
Com. Sub. for Com. Sub. for Senate Bill No. 526, Allowing certain emergency service providers possess Naloxone to administer in suspected overdoses.
Com. Sub. for Senate Bill No. 540, Creating Equine Rescue Facilities Act.
Senate Bill No. 568, Providing attorney from public defender office be appointed by judge in certain cases.
Com. Sub. for Senate Bill No. 592, Requiring schools have crisis response plans.
Senate Bill No. 609, Clarifying certain employees of property management firms are not required to be licensed security guards.
And,
Eng. Com. Sub. for House Bill No. 2709, Allowing county school boards to enter into energy-saving contracts.
At the request of Senator Unger, unanimous consent being granted, the Senate returned 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
Senate Concurrent Resolution No. 13, Requesting DOH name State Route 3, between Yawkey and Julian, "LCPL Rodney A. Breedlove Memorial Highway".
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. 2208--A Bill to amend and reenact §6-9-8 of the Code of West Virginia, 1931, as amended; and to amend and reenact §11-6G-17 of said code, all relating to subsidizing the cost of services provided by the chief inspector to certain Class IV municipalities and specifying the charge is for cost of the service.
Referred to the Committee on Government Organization; and then to the Committee on Finance.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 2863--A Bill to
amend and reenact §15-2-31 of the Code of West Virginia, 1931, as amended; and to amend and reenact §15-2A-11 of said code, all relating to State Police; providing for payment of medical costs of physical disability and/or mental disability examinations approved by the Consolidated Public Retirement Board under the State Police Death, Disability and Retirement plan and the West Virginia State Police Retirement System; providing for reinstatement to active duty under certain conditions of formerly disabled State Police officers considered no longer disabled from law enforcement work; and providing that a former disability retirant reinstated to active duty with the State Police shall rejoin the retirement system in which originally enrolled with restoration of credited service in force at the time of disability retirement.
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. 3032--A Bill to amend and reenact §
3-1A-6 of the Code of West Virginia, 1931, as amended, relating to emergency powers of the Secretary of State.
Referred to the Committee on Government Organization; and then to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 3145--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 payment for certain annuitants.
At the request of Senator Unger, and by unanimous consent, the message was taken up for immediate consideration and reference of the bill to a committee dispensed with.
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. 26--Requesting the Division of Highways to name that portion of U. S. Route 50 in Hampshire County from its intersection with School Street in Romney, West Virginia, west to its intersection with Fox's Hollow Road, a distance of 3.7 miles more or less, as the "Pearsall Land Grant Historic District".
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. 89--Requesting the Division of Highways to rename the bridge, located on Route 10, which crosses the Ten Mile Creek approximately four miles north of Ranger, Lincoln County, West Virginia, specifically bridge number 22-10- 17.41, the "Ten Mile Creek Veteran's Memorial Bridge".
Referred to the Committee on Transportation and Infrastructure.

The Senate proceeded to the fourth order of business.
Senator Stollings, from the Committee on Health and Human Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under consideration
Senate Bill No. 64, Permitting unlicensed personnel to administer medications in certain circumstances.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 64 (originating in the Committee on Health and Human Resources)--A Bill to amend and reenact §16-5O- 2, §16-5O-3 and §16-5O-4 of the Code of West Virginia, 1931, as amended, all relating to permitting unlicensed personnel to administer or assist with administration of medications in certain circumstances; defining terms; and exemptions from licensure.
And,
Senate Bill No. 560, Relating to confidentiality of Health Care Authority's rate setting model.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 560 (originating in the Committee on Health and Human Resources)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-29B-20a, relating to confidentiality of the rate-setting model.
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 Stolllings,
Chair.
At the request of Senator Stollings, unanimous consent being granted, the bills (Com. Sub. for S. B. Nos. 64 and 560) 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 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. 242, Dedicating portion of coal severance tax to county of origin.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
Senator Palumbo, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 248, Relating to coal slurry disposal.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 248 (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 §11-13BB-1, §11-13BB-2, §11-13BB-3, §11-13BB-4, §11-13BB-5 and §11-13BB-6; and to amend and reenact §22-11-8 of said code, all relating to coal slurry disposal; establishing a corporate net income tax credit for developing alternative technologies for disposal of coal slurry; prohibiting new permits for underground injection of coal slurry; requiring certain study be conducted before new coal slurry injection permits may be issued; and requiring study to begin and be completed within a certain time.
With the recommendation that the committee substitute do pass; but under the original double committee reference first be referred to the Committee on Finance.
Respectfully submitted,
Corey Palumbo,
Chair.
At the request of Senator Palumbo, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 248) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee reference, was then referred to the Committee on Finance.
Senator Palumbo, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 285, Extending time frame practitioners must write prescriptions on official tamper-resistant paper.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Corey Palumbo,
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. 372, Relating to dedication of coalbed methane severance tax proceeds.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 372 (originating in the Committee on Energy, Industry and Mining)--A Bill to amend and reenact §11-13A-20a of the Code of West Virginia, 1931, as amended; and to amend and reenact §31-15A-16 of said code, all relating to dedication of coalbed methane severance tax proceeds; redirecting coalbed methane severance tax revenues from the Infrastructure Fund to the Coalbed Methane Severance Tax Fund; requiring moneys deposited in the Infrastructure Fund prior to July 1, 2011, be distributed to the Coalbed Methane Severance Tax Fund; providing calculation methods; specifying a minimum share of coalbed methane severance tax revenue be provisionally allocated to producing counties in an amount at least equal to the share received by nonproducing counties; providing for portional adjustments and redesignation for counties deemed nonproducing; providing that no distribution of moneys to exceed total amount of coalbed methane severance tax received in any fiscal year; creating the Coalbed Methane Severance Tax Revenue Fund to be administered by the Development Office; requiring county commissions to apply to the Development Office to obtain grants from such funds; requiring approval of respective county commissions and the Development Office prior to expending any funds; and authorizing and requiring the Development Office to promulgate legislative rules regarding use of funds, including emergency rules.
With the recommendation that the committee substitute do pass; but under the original double committee reference first be referred to the Committee on Finance.
Respectfully submitted,
Mike Green,
Chair.
At the request of Senator D. Facemire, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 372) contained in the preceding report from the Committee on Energy, Industry and Mining was taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee reference, was then referred to the Committee on Finance.
Senator 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. 373, Requiring School Building Authority allocate and expend certain moneys for vocational programs at comprehensive middle schools.
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. 447 (originating in the Committee on Education), Relating to violations of school attendance requirements.
And reports back a committee substitute for same with the following title:
Com. Sub. for Com. Sub. for Senate Bill No. 447 (originating in the Committee on the Judiciary)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto two new sections, designated §18-8-2a and §18-8-12, all relating to improving school attendance generally; requiring county school superintendents or their designees to request and obtain an investigation by the Department of Health and Human Resources of the household of a student with five or more unexcused absences; exceptions; authorizing prosecuting attorneys to request and obtain attendance of Child Protective Services workers or youth services workers at hearings and meetings related to prosecution of violation of school attendance laws; requiring appointment of a truancy and dropout prevention team in every county; requiring representatives of certain entities be included on team; requiring development and adoption of truancy and dropout prevention plan; and setting forth minimum terms to be included in the plan.
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
Com. Sub. for Senate Bill No. 499 (originating in the Committee on Economic Development), Regulating zipline and canopy tour operations.
And reports back a committee substitute for same with the following title:
Com. Sub. for Com. Sub. for Senate Bill No. 499 (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 §20-3C-1, §20-3C-2, §20-3C-3, §20-3C-4 and §20-3C-5, all relating to zipline and canopy tour regulation; establishing legislative purpose; defining terms; setting forth duties of zipline and canopy tour operators; requiring liability insurance; setting forth record-keeping requirements; establishing responsibilities of participants; providing for assumption of risks; setting forth prohibited acts; and defining liability of zipline and canopy tour operators.
With the recommendation that the committee substitute for committee substitute do pass.
Respectfully submitted,
Corey Palumbo,
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. 519, Creating WV Innovative Mine Safety Technology Tax Credit Act.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 519 (originating in the Committee on Energy, Industry and Mining)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §11-13BB-1, §11-13BB-2, §11-13BB-3, §11-13BB-4, §11-13BB-5, §11-13BB-6, §11-13BB-7, §11-13BB-8, §11-13BB-9, §11- 13BB-10, §11-13BB-11, §11-13BB-12 and §11-13BB-13; to amend and reenact §22A-1-4 of said code; and to amend and reenact §22A-11-3 of said code, all relating to providing a tax credit for purchase of innovative mine safety technology; legislative findings and purpose; definitions; requirements for list of approved innovative mine safety technology; amount of tax credit allowed; criteria for qualified investment; forfeiture of unused tax credits; treatment for transfer of certified eligible safety property to successors; setting forth requirements for identification of investment credit property; prescribing treatment for failure to keep records of certified eligible safety property; specifying tax credit review and accountability requirements; specifying requirement for disclosure of tax credits; authorizing rules; amending the duties of the Director of the West Virginia Office of Miners' Health, Safety and Training; and amending the duties of the Mine Safety Technology Task Force.
With the recommendation that the committee substitute do pass; but under the original double committee reference first be referred to the Committee on Finance.
Respectfully submitted,
Mike Green,
Chair.
At the request of Senator D. Facemire, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 519) contained in the preceding report from the Committee on Energy, Industry and Mining was taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee reference, was then referred to the Committee on Finance.
Senator 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. 532 (originating in the Committee on Health and Human Resources), Relating to fraud and abuse in Medicaid program.
And reports back a committee substitute for same with the following title:
Com. Sub. for Com. Sub. for Senate Bill No. 532 (originating in the Committee on the Judiciary)--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 Medicaid Fraud Control Unit of the Department of Health and Human Resources generally; clarifying that the Medicaid Fraud Control Unit is part of the Department of Health and Human Resources; providing authority to investigate financial exploitation; defining terms; authorizing investigation procedures for the Medicaid Fraud Control Unit upon information indicating a violation; providing that the Medicaid Fraud Control Unit may request search warrants and initiate criminal complaints upon probable cause; allowing Medicaid Fraud Control Unit lawyers to assist prosecutors in Medicaid crimes; providing permitted venues for prosecution of crimes committed against Medicaid; and limiting the liability of the Department of Health and Human Resources, its secretary and its employees.
With the recommendation that the committee substitute for committee substitute do pass.
Respectfully submitted,
Corey Palumbo,
Chair.
Senator Prezioso, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 544, Relating to municipal policemen's and firemen's pension and relief funds.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 544 (originating in the Committee on Finance)--A Bill to amend and reenact §8-22-16 and §8- 22-20 of the Code of West Virginia, 1931, as amended; to amend and reenact §8-22A-28 of said code; and to amend and reenact §33-3-14d of said code, all relating to municipal policemen's and firemen's pension and relief funds and Municipal Police Officers and Fire Fighters Retirement System; providing additional method for municipalities to finance policemen's and firemen's pension and relief funds; authorizing Municipal Pensions Oversight Board to contract for actuarial services; clarifying disclosures required in actuarial reports; extending time to elect Social Security benefits; and reallocating certain premium tax funds for three years to municipal policemen's and firemen's pension and relief funds and volunteer and part-volunteer fire companies.
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. 553, Creating workers' compensation insurance subsidy program for volunteer fire departments.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 553 (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 §12- 4-14a, relating to creating a workers' compensation insurance subsidy program for volunteer fire departments; defining terms; establishing a special program within the Auditor's Office; granting authority to the Auditor to administer the program; designating a funding formula for distribution of moneys allocated; granting rule-making authority to administer this section; and requiring report to the Legislature.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
Senator Palumbo, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 566, Relating to other post-employment benefits generally.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 566 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §5-16-5 of the Code of West Virginia, 1931, as amended; to amend and reenact §5-16D-1, §5-16D-2 and §5-16D-6 of said code; to amend and reenact §11-10-5d of said code; to amend and reenact §11-17-3 of said code; and to amend and reenact §18-9A-24 of said code, all relating to other post-employment benefits generally; prohibiting Public Employees Insurance Agency Finance Board from including in the financial plans any subsidy for the cost of coverage for retired employees who were hired on or after July 1, 2010; capping the amount the finance board may include in the financial plans as subsidy for the cost of coverage for retired employees who were hired before July 1, 2010, at $160 million; escalating the funding; converting to a per member, per month equivalent; defining "contractually required contribution"; authorizing the finance board to set minimum annual required contribution below annual required contribution; specifying that each participating government entity is required to remit annual contractual obligation; authorizing the Tax Commissioner to disclose certain return information to the Public Employees Insurance Agency to determine total income for premium calculation; increasing the excise tax on cigarettes from 55 cents to $1.55 per pack; dedicating a portion of the increased tax to the West Virginia Retiree Health Benefit Trust Fund for fifteen years; specifying that the trust fund is to keep all earnings during the fifteen-year period; specifying that the foundation allowance for Public Employees Insurance Fund shall be paid directly to the West Virginia Retiree Health Benefit Trust Fund and each county board shall reflect its share of the payment as revenue on its financial statements to offset the applicable portion of its annual contractually required contribution expense; and providing that any amount of annual contractually required contribution allocated to and billed county boards of education for certain employees is a liability of the state until fully paid.
With the recommendation that the committee substitute do pass; but under the original double committee reference first be referred to the Committee on Finance.
Respectfully submitted,
Corey Palumbo,
Chair.
At the request of Senator Palumbo, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 566) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee reference, was then referred to the Committee on Finance.
Senator 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. 575, Creating Energy Intensive Industrial Consumers Revitalization Tax Credit.
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,
Mike Green,
Chair.
At the request of Senator D. Facemire, unanimous consent being granted, the bill (S. B. No. 575) contained in the preceding report from the Committee on Energy, Industry and Mining was taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee reference, was then referred to the Committee on Finance.
Senator Beach, from the Committee on Transportation and Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had under consideration
Senate Bill No. 606, Providing funding for parkways project along U. S. Route 35.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 606 (originating in the Committee on Transportation and Infrastructure)--A Bill to amend and reenact §17-16A-10 of the Code of West Virginia, 1931, as amended; and to amend and reenact §31-15A-11 of said code, all relating to providing funding and financing mechanisms for the parkways project along U. S. Route 35 in Putnam and Mason counties; allowing funds transferred from West Virginia Infrastructure Fund to be deposited into the U. S. Route 35 Toll Revenue Enhancement Fund for further deposit into a debt service reserve fund; requiring the general manager of the Parkways Authority to certify funding amounts in Debt Service Reserve Fund to certain persons on dates certain; creating the U. S. Route 35 Toll Revenue Enhancement Fund within the Parkways Authority; requiring the Parkways Authority to transfer moneys from the U. S. Route 35 Toll Revenue Enhancement Fund to the trustee of toll revenue bonds for deposit into a debt service reserve fund associated with toll revenue bonds; providing prepayment of bonds; providing for the removal of tolls upon the retiring of the toll revenue bonds; providing that subsequent to transfer of certain moneys from the West Virginia Infrastructure Fund into the West Virginia Infrastructure Lottery Revenue Debt Service Fund, other moneys in the West Virginia Infrastructure Fund be dedicated to maintaining the Debt Service Reserve Fund for the U. S. Route 35 parkways project before being dedicated to other infrastructure projects; and making technical corrections.
With the recommendation that the committee substitute do pass; but under the original double committee reference first be referred to the Committee on Finance.
Respectfully submitted,
Robert D. Beach,
Chair.
At the request of Senator Beach, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 606) contained in the preceding report from the Committee on Transportation and Infrastructure was taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee reference, was then referred to the Committee on Finance.
Senator Jenkins, from the Committee on Interstate Cooperation, submitted the following report, which was received:
Your Committee on Interstate Cooperation has had under consideration
Senate Bill No. 610 (originating in the Commission on Interstate Cooperation)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §60A- 12-1, §60A-12-2, §60A-12-3, §60A-12-4, §60A-12-5, §60A-12-6, §60A- 12-7, §60A-12-8, §60A-12-9, §60A-12-10, §60A-12-11, §60A-12-12, §60A-12-13 and §60A-12-14, all relating to enactment of the Prescription Monitoring Program Compact; authorizing West Virginia to become a member; providing the compact becomes effective when at least six states become members; and establishing the powers and duties under the compact.
And reports the same back with the recommendation that it do pass; but with the further recommendation that it first be referred to the Committee on the Judiciary.
Respectfully submitted,
Evan H. Jenkins,
Chair.
On motion of Senator Jenkins, the bill (S. B. No. 610) contained in the foregoing report from the Committee on Interstate Cooperation was then referred to the Committee on the Judiciary.
Senator Palumbo, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 611 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §17-16A-29 of the Code of West Virginia, 1931, as amended, relating to extending the discount for West Virginia EZ Pass transponders to all other toll roads; and requiring an annual public informational session in the affected counties.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Corey Palumbo,
Chair.
On motion of Senator Unger, leaves of absence for the day were granted Senators Tomblin (Mr. President) and Fanning.
Pending announcement of meetings of standing committees of the Senate,
On motion of Senator Unger, the Senate adjourned until Monday, February 28, 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 **