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Senate Journal



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sdj-51st day
WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

EIGHTIETH LEGISLATURE

REGULAR SESSION, 2011

FIFTY-FIRST DAY

____________

Charleston, W. Va., Thursday, March 3, 2011

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

Prayer was offered by the Reverend Tom Cook, Retired Baptist Minister, St. Albans, West Virginia.
Pending the reading of the Journal of Wednesday, March 2, 2011,
On motion of Senator Green, 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, passage as amended, and requested the concurrence of the Senate in the House of Delegates amendments, as to
Eng. Com. Sub. for Senate Bill No. 458, Updating Logging Sediment Control Act.
On motion of Senator Unger, the message on the bill was taken up for immediate consideration.
The following House of Delegates amendments to the bill were reported by the Clerk:
On page eight, section five, lines thirty-nine and forty, by striking out the words "revoke the compliance order lifting" and inserting in lieu thereof the word "lift";
On page twelve, section seven, line fifty-four, after the word "shall" by inserting a comma and the words "at no more than five- year intervals,";
And,
On page twelve, section seven, line fifty-six, by striking out the words "every five years".
On motion of Senator Unger, the Senate concurred in the House of Delegates amendments to the bill.
Engrossed Committee Substitute for Senate Bill No. 458, 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, 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 elected to the Senate 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.
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. 2159--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §57-3-10, relating to prohibiting members of the news media from being compelled to disclosure of sources and certain information in legal proceedings; providing a definition; and providing exceptions thereto.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 2362--A Bill to amend and reenact §61-2-29b of the Code of West Virginia, 1931, as amended, relating to requiring full restitution to a victim of the crime of exploitation of an elderly person or incapacitated adult.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 2437--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §22A-6-11; relating to directing the Board of Coal Mine Health and Safety to conduct study of whether to require installation of mining machines automatic shut-offs when methane is detected.
Referred to the Committee on Energy, Industry and Mining; 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. 2498--A Bill to amend and reenact §30-4-19, §30-4-20, §30-4-23, §30-4-28 and §30-4-29, of the Code of West Virginia, 1931, as amended, all relating to the practice of dentistry; requiring notification of a dentist's death to the dental board by the deceased's personal representative; requiring dentists to notify the board of a life threatening occurrence, serious injury or death to patient as a result of dental treatment or related complications; providing for disciplinary action for failing to report; certain actions of dentists subject to disciplinary action by board; providing the board with the authority to require a licensee have a psychological evaluation prior to reinstatement of license; increasing personal representative's length of time to dispose of shares of a deceased shareholder in a dental corporation after dentist's death; and permitting a dental student to work in a public health setting under certain conditions.
Referred to the Committee on Health and Human Resources; and then to the Committee on Government Organization.
A message from The Clerk of the House of Delegates announced the passage by that body, to take effect July 1, 2011, and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 2500--A Bill to amend and reenact §18A-4-2a and §18A-4-2b of the Code of West Virginia, 1931, as amended, all relating to national certification of teachers and professional personnel generally; continuing salary bonus for renewed National Board of Professional Teaching Standards Certificates; providing for reimbursement of renewal fees; continuing bonus eligibility if a holder accepts employment as principal or in another school or board level instructional leadership position; and continuing the salary supplement for nationally-certified professional personnel.
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 and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 2513--A Bill to repeal §30- 5-1a, §30-5-1b, §30-5-2a, §30-5-3a, §30-5-5a, §30-5-5b, §30-5-6a, §30-5-7a, §30-5-7b, §30-5-7c, §30-5-9a, §30-5-12a, §30-5-12b, §30- 5-14a, §30-5-14b, §30-5-16a, §30-5-16b, §30-5-16c and §30-5-22a of the Code of West Virginia, 1931, as amended; to amend and reenact §16-5A-9a of said code; to amend and reenact §30-5-1, §30-5-2, §30- 5-3, §30-5-4, §30-5-5, §30-5-6, §30-5-7, §30-5-8, §30-5-9, §30-5- 10, §30-5-11, §30-5-12, §30-5-13, §30-5-14, §30-5-15, §30-5-16, §30-5-17, §30-5-18, §30-5-19, §30-5-20, §30-5-21, §30-5-22, §30-5- 23, §30-5-24 §30-5-25, §30-5-26, §30-5-27, §30-5-28, §30-5-29 and §30-5-30 of said code; to amend said code by adding thereto four new sections, designated §30-5-31, §30-5-32, §30-5-33 and §30-5-34; and to amend and reenact §60A-10-3 of said code, all relating to the practice of pharmacist care; prohibiting the practice of pharmacist care without a license; permitting a licensed practitioner to dispense in certain settings; providing other applicable sections; providing definitions; providing for board composition; setting forth the powers and duties of the board; clarifying rule-making authority; continuing a special revenue account; establishing license, registration and permit requirements; creating a scope of practice; creating a temporary permit; establishing renewal requirements; providing for exemptions from licensure; providing requirement to participate in collaborative pharmacy practice; providing requirement for dispensing generic drugs; requiring the registration of pharmacies requiring a permit for mail-order pharmacies and manufacturing of drugs; providing requirements of filling prescriptions; providing requirements for the display of a board authorization; permitting the board to file an injunction; setting forth grounds for disciplinary actions; allowing for specific disciplinary actions; providing procedures for investigation of complaints; providing for judicial review and appeals of decisions; setting forth hearing and notice requirements; providing for civil causes of action; providing criminal penalties; and updating references.
Referred to the Committee on Health and Human Resources; and then to the Committee on Government Organization.
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. 2524--A Bill to repeal §30- 32-23 of the Code of West Virginia, 1931, as amended; and to amend and reenact §30-32-1, §30-32-2, §30-32-3, §30-32-4, §30-32-5, §30- 32-6, §30-32-7, §30-32-8, §30-32-9, §30-32-10, §30-32-11, §30-32- 12, §30-32-13, §30-32-14, §30-32-15, §30-32-16, §30-32-17, §30-32- 18, §30-32-19, §30-32-20 and §30-32-21 of said code, all relating to the practice of speech-language pathology and audiology; prohibiting practice without a license; providing exemptions; specifying applicability of other law; providing definitions; continuing the Board of Examiners for Speech-Language Pathology and Audiology; specifying qualifications of board members; providing terms and conditions of board members' service; providing for election of board officers; providing for compensation and expense reimbursement of board members; setting forth powers and duties of the board; providing rulemaking authority; continuing the Board of Examiners for Speech-Language Pathology and Audiology Fund; providing qualifications for practicing speech-language pathology or audiology; providing for provisional licenses to practice while attaining required postgraduate professional experience; providing for waiver of requirements for persons who hold a license from another state with substantially equivalent standards; providing for practice pending disposition of application; requiring a license to practice in public schools; providing requirements for attaining a license to practice in public schools; providing scopes of practice for speech-language pathology and audiology; requiring speech-language pathology assistants and audiology assistants to register with the board; providing registration and supervision requirements for speech-language pathology assistants and audiology assistants; requiring a license to telepractice; providing conditions and requirements for telepractice; providing for renewal of licenses and registrations; providing for renewal of lapsed licenses and registrations; providing for the suspension, revocation and refusal to renew licenses and registrations; providing for the reinstatement of revoked licenses and registrations; authorizing actions to enjoin violations; providing for the investigation of complaints; setting forth complaint procedures and hearing procedures; establishing grounds for disciplinary actions; providing for rights of appeal and judicial review; providing that a single act is sufficient to justify disciplinary action; providing for criminal proceedings; and providing for criminal penalties.
Referred to the Committee on Government Organization.
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. 2532--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §21-15-1, §21-15-2, §21-15-3, §21-15-4, §21-15- 5, §21-15-6, §21-15-7, §21-15-8, §21-15-9, §21-15-10, §21-15-11 and §21-15-12, all relating to zipline regulation; authorizing the Division of Labor to regulate ziplines; authorizing the Division of Labor to propose rules for Legislative approval; requiring permits and inspections; authorizing the Division of Labor to charge inspection and permit fees; authorizing the Division of Labor to hire or contract with inspectors; requiring notice of serious physical injury or fatality; requiring investigations of serious physical injuries or fatalities; providing for service of process; authorizing the temporary cessation of operations; insurance or bond requirements; and regulation of ziplines by cities and counties.
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 passage by that body and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 2732--A Bill to amend and reenact §3-12-6 of the Code of West Virginia, 1931, as amended; all relating to public campaign financing; providing sources of revenue for the Supreme Court of Appeals Public Campaign Financing Fund; authorizing a transfer from the Treasurer's Unclaimed Property Trust Fund to the fund; authorizing fair administration of justice attorney fees; authorizing fair administration of justice court fees; and providing for the collection and deposit of such sources of revenue into the fund.
Referred to the Committee on the Judiciary; 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. 2876--A Bill to amend and reenact §33-48-7b of the Code of West Virginia, 1931, as amended, relating to expanding eligibility for subsidies to enrollees in the model health plan for uninsurable individuals; and providing for emergency and legislative rules.
Referred to the Committee on Banking and Insurance.
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. 2879--A Bill to repeal §18A- 4-5c and §18A-4-5d of the Code of West Virginia, 1931, as amended; to amend and reenact §15-2-5 of said code; to amend and reenact §18A-4-2, §18A-4-5 and §18A-4-8a of said code; and to amend and reenact §20-7-1c of said code, all relating to salaries for certain public employees; increasing annual salaries for members of the state police; increasing minimum salaries of public school teachers; providing for salary equity payments; increasing minimum salaries of school service personnel; and increasing annual salaries for members of natural resources police officers.
At the request of Senator Unger, and by unanimous consent, reference of the bill to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 2888--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §22A-6-12; relating to directing the Board of Coal Mine Health and Safety to conduct study of strengthening of protections for whistleblowers of unsafe working conditions in mines.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 2890--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, all relating to authorizing a tax credit against business franchise tax, corporate net income tax or personal income tax for eligible expenditures incurred in placing in service a residential or nonresidential energy-efficient building; defining terms; establishing the amount of tax credit permitted; authorizing rulemaking; and requiring reports to be made.
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. 2946--A Bill to repeal §60A- 10-5 and §60A-10-8 of the code of West Virginia, 1931, as amended; to amend and reenact §60A-10-2, §60A-10-3, §60A-10-4, §60A-10-6, §60A-10-7 and §60A-10-11 of said code, all relating to requiring a prescription to dispense drug products that contain as an active ingredient ephedrine, pseudoephedrine, phenylpropanolamine and other precursors of methamphetamine; making and such drugs a Schedule III drug; repealing certain provisions and definitions that are no longer applicable; adding findings; exempting wholesalers from certain requirements of the United States Drug Enforcement Administration relating to storage, reporting, record keeping or physical security control requirements for controlled substances containing ephedrine, pseudoephedrine or phenylpropanolamine; adding affirmative defenses; and providing penalties.

Referred to the Committee on
the Judiciary.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 2955--A Bill to amend and reenact §22-3-7, §22-3-8 and §22-3-19 of the Code of West Virginia, 1931, as amended, all relating to environmental resources; surface coal mining and reclamation act; and fees assessed to coal mining operators by the Division of Mining and Reclamation.
Referred to the Committee on Energy, Industry and Mining; 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. 2958--A Bill to amend and reenact §19-23-14 of the Code of West Virginia, 1931, as amended, relating to allowing the West Virginia Racing Commission to use certain permit and registration fees to pay salaries and other budgeted expenses; and providing that judges and the Racing Commission may also impose penalties.
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. 2959--A Bill to amend and reenact §19-23-13b of the Code of West Virginia, 1931, as amended, relating to providing additional funds to the West Virginia Racing Commission for its Administration and Promotion Account.
Referred to the Committee on
the Judiciary; 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. 2976--A Bill to amend and reenact §30-27- 10 of the Code of West Virginia, 1931, as amended, relating to exempting barbers with twenty or more years of experience from continuing education requirements.
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, to take effect from passage, and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 3004--A
Bill to repeal sections 2a, 10, 11, 12 and 13 of chapter 26 of the Acts of the Legislature, regular session, 1925 (municipal charters), section 12 of which was amended by chapter 132, Acts of the Legislature, regular session, 1972; to repeal section 6a of chapter 194, Acts of the Legislature, regular session, 1983, as amended by chapter 110 of the Acts of the Legislature, regular session, 2003; and to amend and reenact sections 1, 2, 3, 4, 5, 6, 7, 8 and 9 of chapter 26 of the Acts of the Legislature, regular session, 1925 (municipal charters), section 10 of which was amended by chapter 122 of the Acts of the Legislature, regular session, 1933, sections 1, 5, 6 and 9 of which were amended by chapter 194, Acts of the Legislature, regular session, 1983, section 8 of which was amended by chapter 175, Acts of the Legislature, regular session, 1991, sections 2, 3, and 4 of which were amended by chapter 110, Acts of the Legislature, regular session, 2003, and section 7 of which was amended by chapter 131, Acts of the Legislature, regular session, 2005, all relating to the Greater Huntington Park and Recreation District; requiring a public hearing when the comprehensive plan is updated; requiring that persons employed as park rangers meet certain law-enforcement qualifications; and making technical corrections.
Referred to the Committee on Government Organization.
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. 3031--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §30-1-20, relating to authorizing professional licensing boards to obtain criminal history record checks; authorizing boards to obtain criminal history information on license applicants and licensees; providing the board rule-making authority to establish procedures.
Referred to the Committee on Government Organization.

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. 3034--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-2E-8g, relating to recognizing outstanding students who are top scorers on certain statewide tests and providing rulemaking authority to the state board.
Referred to the Committee on Education.
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. 3044--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §61-14-1, §61-14-2, §61-14-3, §61-14-4, §61-14- 5, §61-14-6, §61-14-7, §61-14-8 and §61-14-9 all relating to civil forfeiture actions related to criminal activity; providing for the civil forfeiture of property and assets used in, acquired by, or gained or flowing from various criminal fraudulent activities; providing definitions; subjecting certain property to forfeiture; providing procedures for seizure of forfeitable property; establishing rules and procedures for civil forfeiture proceedings involving crimes of fraud; providing for seizure and disposition of forfeited property; providing notice requirements; providing for care of forfeitable property in law-enforcement custody; providing for proportionality and innocent owner defenses; limiting forfeiture of property purchased by bona fide purchasers; providing for payment of liens in certain circumstances; providing for resale and disposition of forfeited property; disposing of proceeds and forfeiture funds; providing that dismissal of criminal charges vacates forfeiture orders; and providing exceptions.
Referred to the Committee on
the Judiciary.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 3054--A Bill to amend and reenact §15-2B-3, §15-2B-6, §15-2B-7, §15-2B-9, §15-2B-10 and §15-2B-12 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto two new sections, designated §15-2B-15 and §15-2B-16, all relating to the collection and use of DNA data generally; providing for the collection of DNA samples from certain persons; providing for a penalty of contempt for a person refusing to furnish a DNA sample pursuant to a court order; and authorizing the West Virginia State Police to collect certain fees for DNA testing.
Referred to the Committee on
the Judiciary; 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. 3075--A Bill to amend and reenact §16-1-4 of the Code of West Virginia, 1931, as amended, relating to increasing the time period in the hold-harmless provision, when distributing state aid to local health departments and basic public health services funds, from three years to four years.
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. 3082--A Bill to amend and reenact §30-6-3 and §30-6-22 of the Code of West Virginia, 1931, as amended; and to amend and reenact §61-12-9 of said code, all relating to the disposition of the body of deceased persons; persons authorized to make a decision on the disposition of the body of the deceased;
disposition of the remains of a deceased military service member who dies while serving in the United States armed forces ; and persons authorized to enter into cremation contracts.
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. 3096--A Bill to amend and reenact §30-29-5 of the Code of West Virginia, 1931, as amended, relating to law- enforcement training and certification; consequences for failure to be certified.
Referred to the Committee on
the Judiciary.
A message from The Clerk of the House of Delegates announced the passage by that body, to take effect from passage, and requested the concurrence of the Senate in the passage of
Eng. House Bill No. 3137--
A Bill to amend and reenact §21A-6A- 1 of the Code of West Virginia, 1931, as amended, relating to extended unemployment benefits; adding additional circumstances giving rise to "state 'on' indicators" for purposes of extended unemployment compensation benefits; and providing for certain high unemployment periods.
Referred to the Committee on
the Judiciary; 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. 3143--A Bill to amend and reenact §19-20-24 of the Code of West Virginia, 1931, as amended; and to amend and reenact §61-3E-6 of said code; all relating to penalties for causing injury or death to certain animals used by law-enforcement or in law-enforcement duties.
Referred to the Committee on
the Judiciary.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 3144--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-8-15, relating to creating a criminal offense and adding misdemeanor criminal penalties for picketing or disrupting funerals or memorial services.
Referred to the Committee on
the Judiciary.
A message from The Clerk of the House of Delegates announced the passage by that body, to take effect from passage, and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 3163--A Bill
to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-2-21a, relating to establishing a program to provide workers' compensation coverage of state government entities and their employees; defining participants and exceptions thereto; designating the insurance commissioner to manage workers' compensation risks of state entities; creating a purchasing exemption for the program; authorizing commissioner to assess fees, surcharges and premiums; creating fund in state treasury; authorizing investment of funds; permitting the insurance commissioner to borrow funds from the insurance commissioner fund for the initial operation of the program; authorizing insurance commissioner to propose legislative rules and to adopt emergency rules; requiring reports to the Joint Committee on Government and Finance on the status of the program; and requiring consultation by the insurance commissioner with the State Board of Risk and Insurance Management.
Referred to the Committee on Finance.
A message from The Clerk of the House of Delegates announced the passage by that body, to take effect July 1, 2011, and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 3171--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 teachers, administrators and others having direct contact with students on the warning signs and resources to assist with suicide prevention; and providing teachers, administrators and others having direct contact with students with the education and training necessary to ensure the safety of state schools.
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 July 1, 2011, and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 3172--A Bill to amend and reenact §11-16-4 of the Code of West Virginia, 1931, as amended; and to amend and reenact §60-2-12 of said code, all relating to the Alcohol Beverage Control Commission; requiring the Division of Personnel review and evaluate the employees of the Alcohol Beverage Control Commission; permitting Alcohol Beverage Control Commission employees to be included in the civil service; providing exemption of inclusion of certain positions; requiring a report to the legislature; and removing out-dated language from the code.
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. 3185--A Bill to amend and reenact §7-20-3 and §7-20-4 of the Code of West Virginia, 1931, as amended, all relating to preservation of affordable housing in counties with county impact fees.
Referred to the Committee on the Judiciary; 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. 3194--A Bill to amend and reenact §27-4-1 and §27-4-3 of the Code of West Virginia, 1931, as amended, all relating to the voluntary hospitalization at mental health facilities; relating to the voluntary admission of minors into a mental health facility for mental illness, intellectual disability or addiction; removing the requirement that the minor's consent be secured before they are voluntarily admitted to a mental health facility if the minor is twelve years of age or older; requiring the consent or an emancipated minor before he or she is voluntarily committed; standards and procedures for releasing a minor who is fourteen years of age or older from voluntary hospitalization, when the minor objects to the admission or treatment; standards and procedures for the releasing a minor from voluntary hospitalization when the adult who sponsored the admission withdraws his or her consent; relating to the release of the unemancipated minor's drug addiction and treatment records to a parent or legal guardian; and clarifying that the state is not obligated to pay for voluntary hospitalization.
Referred to the Committee on
the Judiciary.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 3196--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §30-7D-1, §30-7D-2 and §30-7D-3, §30-7D-4, §30- 7D-5, §30-7D-6, §30-7D-7, §30-7D-8, §30-7D-9, §30-7D-10, §30-7D-11, §30-7D-12, §30-7D-13 and §30-7D-14, all relating to medication assistive persons in the nursing home setting including a pilot program, requirements and criminal penalty.
Referred to the Committee on Health and Human Resources; 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. 3202--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §37-6A-1, §37-6A-2, §37-6A-3, §37-6A-4, §37-6A- 5 and §37-6A-6, all relating to residential rental security deposits; relevant definitions; security deposits; maintenance of records; prohibited provisions in rental agreements; remedies upon landlord's noncompliance; application of article; security deposits prior to effective date of article.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced the passage by that body, to take effect from passage, and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 3204--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §12-6D-1, §12-6D-2, §12-6D-3, §12-6D-4, §12-6D-5, §12-6D-6 and §12-6D-7, all relating to the West Virginia Enterprise Resource Planning System; creating the Enterprise Resource Planning Board; providing for composition, purpose, powers and duties of the board; creating a steering committee; providing for composition, purpose, powers and duties of the steering committee; providing for expense reimbursement for members of the steering committee; requiring the board to provide system access to designated employees of the legislature; providing for criminal penalties and removal from office for violating the requirement to provide access; creating the Enterprise Resource Planning System Fund in the state treasury; and transferring funds allocated to the system to the Enterprise Resource Planning System Fund.
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, to take effect from passage, and requested the concurrence of the Senate in the passage of
Eng. House Bill No. 3224--A Bill to amend and reenact §5B-2E- 7a of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §5B-2E-7b, all relating generally to tourism development projects; removing annual credit cap for expansion projects; providing rule for determining credit for multiyear, multiphase projects; and providing consumers sales and service tax presumption.
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. 3225--A Bill to amend and reenact §18-2C-2 and §18-2C-3 of the Code of West Virginia, 1931, as amended, all relating to harassment, intimidation or bullying of students; expanding the definition of harassment, intimidation or bullying; expanding the areas where harassment, intimidation and bullying are prohibited to include school buses and school bus stops; and requiring county board and West Virginia Department of Education policies regarding harassment, intimidation or bullying.

Referred to the Committee on Education; 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. 3231--A Bill
to amend and reenact §60A-4-410 of the Code of West Virginia, 1931, as amended, relating to prohibiting the possession of multiple prescribed medications or prescriptions for controlled substances with the same or similar therapeutic medical purposes; exceptions; limitations; and criminal penalties.
Referred to the Committee on
Health and Human Resources; 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. 3243--A Bill to amend and reenact §8-15-11 of the Code of West Virginia, 1931, as amended, relating to appointments to the position of fire chief in paid municipal fire departments not covered by civil service.
Referred to the Committee on Government Organization.
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. 3270--A Bill to amend and reenact §4-2-5 of the code of West Virginia, 1931 as amended, relating to the powers and duties of the Legislative Auditor; allowing reports to be generated by the Legislative Auditor and authorizing audits of state funds.
Referred to the Committee on Finance.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. House Bill No. 3271--
A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §12-4-14a; and to amend said code by adding thereto a new section, designated §33-3-33a, all relating to the distribution of state funds to volunteer fire companies and departments generally; establishing the Volunteer Fire Department Workers' Compensation Premium Subsidy Fund; providing that the state auditor administer the distribution of moneys of the fund to volunteer and part volunteer fire companies and departments to help defray workers' compensation insurance premium increases; providing additional funding from various sources; and requiring reviews, assessments and reports to the Legislature prior to termination of provisions.
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 adoption by that body and requested the concurrence of the Senate in the adoption of
Com. Sub. for House Concurrent Resolution No. 48--Requesting the Division of Highways to erect a sign under the community of Caldwell sign on Route 60, at mile marker 165 east bound, and another sign under the community of Caldwell sign on Route 60, at mile marker 166 west bound, in Greenbrier County, stating "Home of Chan Whitt Jr.".
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. 101--Requesting that bridge number 13-64-172.62 on Interstate 64 in Greenbrier County, West Virginia be named the "PFC Ralph Lewis Boone Memorial Bridge".
Referred to the Committee on Transportation and Infrastructure.

Executive Communications

Senator Kessler (Acting President) laid before the Senate the following communication from His Excellency, the Governor:
STATE OF WEST VIRGINIA

OFFICE OF THE GOVERNOR

CHARLESTON

March 2, 2011

Senate Executive Message No. 3
TO:The Honorable Members of the
West Virginia Senate
Ladies and Gentlemen:
I respectfully withdraw the following nomination for your advice and consent from Executive Message No. 2 dated January 24, 2011, by way of the nominee resigning from his appointment:
12.For Member, Regional Jail and Correctional Facility Authority, Brad Tuckwiller, Lewisburg, Greenbrier County, for the term ending June 30, 2012.
Thank you for correcting your records.
Sincerely,
Earl Ray Tomblin,
Governor.
Which communication was received and referred to the Committee on Confirmations.
Senator Kessler (Acting President) then laid before the Senate the following communication from His Excellency, the Governor, consisting of executive nominations for appointees:
STATE OF WEST VIRGINIA

OFFICE OF THE GOVERNOR

CHARLESTON

March 3, 2011

Senate Executive Message No. 4
TO:The Honorable Members of the
West Virginia Senate
Ladies and Gentlemen:
I respectfully submit the following nominations for your advice and consent:
1.For Member, Aeronautics Commission, John Woods, Scott Depot, Putnam County, for the term ending June 30, 2014.
2.For Member, Women's Commission, Linda Waybright, Ravenswood, Jackson County, for the term ending June 30, 2013.
3.For Member, Board of Control for Southern Regional Education, The Honorable Robert H. Plymale, Huntington, Wayne County, for the term ending June 30, 2014.
4.For Member, Public Employees Insurance Agency Finance Board, John Ruddick, Hurricane, Putnam County, for the term ending June 30, 2014.
5.For Secretary, Department of Health and Human Resources, Dr. Michael Lewis, Charleston, Kanawha County, to serve at the will and pleasure of the Governor.
6.For Secretary, Department of Commerce, The Honorable Keith Burdette, Parkersburg, Wood County, to serve at the will and pleasure of the Governor.
7.For Acting Executive Director, Public Defender Services, Russell Cook, Hurricane, Putnam County, to serve at the will and pleasure of the Governor.
8.For Member, Bluefield State College Board of Governors, Norris Kantor, Bluefield, Mercer County, for the term ending June 30, 2014.
9.For Member, Mine Inspectors' Examining Board, Ted Hapney, Reedy, Roane County, for the term ending June 30, 2016.
10.For Member, Health Enhancement and Lifestyle Planning Advisory Council, Joe Letnaunchyn, Charleston, Kanawha County, for the term ending June 30, 2013.
11.For Member, Ethics Commission, The Honorable J. Frank Deem, Vienna, Wood County, for the term ending June 30, 2012.
12.For Member, Concord University Board of Governors, Myra Susan Rogers, Hinton, Summers County, for the term ending June 30, 2011.
13.For Acting Commissioner, Alcohol Beverage Control Administration, Ron Moats, Charleston, Kanawha County, to serve at the will and pleasure of the Governor.
14.For Member, Workforce Investment Council, Steve Stalnaker, Williamstown, Wood County, for the term ending June 30, 2012.
15.For Member, Workforce Investment Council, Ray Burke, Jr., Hurricane, Putnam County, for the term ending June 30, 2012.
16.For Secretary, Department of Revenue, Charles O. Lorensen, Charleston, Kanawha County, to serve at the will and pleasure of the Governor.
17.For Member, Workers' Compensation Board of Review, W. Jack Stevens II, Hamlin, Lincoln County, for the term ending December 31, 2016.
18.For Member, Unemployment Compensation Board of Review, Carole Bloom, Charleston, Kanawha County, for the term ending January 1, 2017.
19.For Member, Commission on Holocaust Education, Barbara Lewine, Wheeling, Ohio County, for the term ending June 30, 2013.
20.For Member, Affordable Housing Trust Fund Board of Directors, Donna Morris, Parkersburg, Wood County, for the term ending June 30, 2011.
21.For Member, Board of Examiners for Licensed Practical Nurses, Ben Vincent, Heaters, Braxton County, for the term ending June 30, 2014.
22.For Adjutant General, James A. Hoyer, Winfield, Putnam County, to serve at the will and pleasure of the Governor.
23.For Member, Investment Management Board of Trustees, Jack Rossi, Charleston, Kanawha County, for the term ending January 31, 2017.
24.For Member, Investment Management Board of Trustees, Randy Snider, Parkersburg, Wood County, for the term ending January 31, 2017.
25.For Member, State Rail Authority, Steve Sherrard, Elkins, Randolph County, for the term ending June 30, 2013.
26.For Member, State Rail Authority, Max Scott, Daniels, Raleigh County, for the term ending June 30, 2016.
27.For Member, State Rail Authority, Elwood Williams, Moorefield, Hardy County, for the term ending June 30, 2015.
28.For Member, State Rail Authority, James Schoonover, Montrose, Randolph County, for the term ending June 30, 2013.
29.For Member, West Virginia University-Parkersburg Board of Governors, James R. Six, Parkersburg, Wood County, for the term ending June 30, 2012.
30.For Member, West Virginia University Board of Governors, William D. Wilmoth, Wheeling, Ohio County, for the term ending June 30, 2013.
31.For Member, State Rail Authority, Buddy Webster, Mathias, Hardy County, for the term ending June 30, 2015.
32.For Member, Commission on Holocaust Education, Robert Waterson, Morgantown, Monongalia County, for the term ending June 30, 2013.
33.For Member, State Rail Authority, David Pancake, Romney, Hampshire County, for the term ending June 30, 2016.
34.For Member, Records Management and Preservation Board, Jerry Berry, Hinton, Summers County, to serve at the will and pleasure of the Governor.
35.For Member, Ohio River Valley Water Sanitation Commission, Ronald Potesta, Charleston, Kanawha County, for the term ending June 30, 2016.
36.For Member, Ohio River Valley Water Sanitation Commission, David Flannery, Charleston, Kanawha County, for the term ending June 30, 2014.
37.For Member, Health Enhancement and Lifestyle Planning Advisory Council, Dr. Stephen Sebert, Barboursville, Cabell County, for the term ending June 30, 2014.
38.For Member, Unemployment Compensation Board of Review, Les Facemyer, Ripley, Jackson County, for the term ending January 1, 2017.
39.For Member, Records Management and Preservation Board, John Bennett, Logan, Logan County, to serve at the will and pleasure of the Governor.
40.For Member, Records Management and Preservation Board, Dennis Altizer, Welch, McDowell County, to serve at the will and pleasure of the Governor.
41.For Member, Oil and Gas Conservation Commission, Barry Lay, Glenville, Gilmer County, for the term ending July 27, 2014.
42.For Member, Oil and Gas Conservation Commission, Robert Radabaugh, Sand Fork, Gilmer County, for the term ending July 27, 2016.
43.For Member, Kanawha Valley Community and Technical College Board of Governors, Martha Rader, Charleston, Kanawha County, for the term ending June 30, 2015.
44.For Chief Administrative Law Judge, Office of Tax Appeals, A. M. Pollack, Elkview, Kanawha County, for the term ending June 30, 2012.
Notice of these appointments was previously provided to the appropriate legislative staff at the time the appointments were made.
Sincerely,
Earl Ray Tomblin,
Governor.
Which communication was received and referred to the Committee on Confirmations and incorporated with the executive nominations received earlier this session; all to be considered as a special order of business for 11 a.m. on Saturday, March 12, 2011.
The Senate proceeded to the fourth order of business.
Senator Beach, from the Committee on Transportation and Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had under consideration
Senate Concurrent Resolution No. 39, Requesting DOH name WV 20 between Cowen and Webster and Nicholas County lines "Chief Samuel 'Ed' Plummer Memorial Highway".
House Concurrent Resolution No. 18, The "SP4 Loyd Eugene Robinson Memorial Bridge".
House Concurrent Resolution No. 31, The "Ranger Veteran's Memorial Bridge".
House Concurrent Resolution No. 37, The "Cpl. Druey L. Hatfield Memorial Bridge".
House Concurrent Resolution No. 38, The "Colonel James E. Hiteshew Memorial Bridge".
House Concurrent Resolution No. 47, The "James Ray Bailey Memorial Bridge".
House Concurrent Resolution No. 49, The "Veterans Memorial Bridge".
House Concurrent Resolution No. 51, The "Charlie Howard Mitchell Memorial Bridge".
House Concurrent Resolution No. 52, The "James A. Wright Memorial Bridge".
House Concurrent Resolution No. 53, The "Keene Memorial Bridge".
House Concurrent Resolution No. 55, The "PVT. Clyde Whitman (Bobbie) Bennett and PFC Oliver Ball, Jr. Memorial Bridge".
And,
House Concurrent Resolution No. 62, The "Rick Howard Sanders Memorial Bridge".
And reports the same back with the recommendation that they each be adopted.
Respectfully submitted,
Robert D. Beach,
Chair.
At the request of Senator Beach, unanimous consent being granted, Senate Concurrent Resolution No. 39 contained in the preceding report from the Committee on Transportation and Infrastructure was taken up for immediate consideration.
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.
At the request of Senator Beach, unanimous consent being granted, House Concurrent Resolution No. 18 contained in the preceding report from the Committee on Transportation and Infrastructure was taken up for immediate consideration.
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.
At the request of Senator Beach, unanimous consent being granted, House Concurrent Resolution No. 31 contained in the preceding report from the Committee on Transportation and Infrastructure was taken up for immediate consideration.
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.
At the request of Senator Beach, unanimous consent being granted, House Concurrent Resolution No. 37 contained in the preceding report from the Committee on Transportation and Infrastructure was taken up for immediate consideration.
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.
At the request of Senator Beach, unanimous consent being granted, House Concurrent Resolution No. 38 contained in the preceding report from the Committee on Transportation and Infrastructure was taken up for immediate consideration.
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.
At the request of Senator Beach, unanimous consent being granted, House Concurrent Resolution No. 47 contained in the preceding report from the Committee on Transportation and Infrastructure was taken up for immediate consideration.
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.
At the request of Senator Beach, unanimous consent being granted, House Concurrent Resolution No. 49 contained in the preceding report from the Committee on Transportation and Infrastructure was taken up for immediate consideration.
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.
At the request of Senator Beach, unanimous consent being granted, House Concurrent Resolution No. 51 contained in the preceding report from the Committee on Transportation and Infrastructure was taken up for immediate consideration.
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.
At the request of Senator Beach, unanimous consent being granted, House Concurrent Resolution No. 52 contained in the preceding report from the Committee on Transportation and Infrastructure was taken up for immediate consideration.
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.
At the request of Senator Beach, unanimous consent being granted, House Concurrent Resolution No. 53 contained in the preceding report from the Committee on Transportation and Infrastructure was taken up for immediate consideration.
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.
At the request of Senator Beach, unanimous consent being granted, House Concurrent Resolution No. 55 contained in the preceding report from the Committee on Transportation and Infrastructure was taken up for immediate consideration.
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.
At the request of Senator Beach, unanimous consent being granted, House Concurrent Resolution No. 62 contained in the preceding report from the Committee on Transportation and Infrastructure was taken up for immediate consideration.
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.
Senator Snyder, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration
Eng. Com. Sub. for House Bill No. 2013, Requiring the West Virginia Enhanced 911 Council to propose Emergency Medical Dispatch procedures.
And,
Eng. Com. Sub. for House Bill No. 2752, Increasing the maximum age for persons applying for appointment for the police force in a Class I or Class II city from thirty-five to forty years.
And reports the same back with the recommendation that they each do pass; but under the original double committee references first be referred to the Committee on the Judiciary.
Respectfully submitted,
Herb Snyder,
Chair.
At the request of Senator Snyder, unanimous consent being granted, the bills (Eng. Com. Sub. for H. B. Nos. 2013 and 2752) contained in the preceding report from the Committee on Government Organization were each taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee references, were then referred to the Committee on the Judiciary.
Senator Snyder, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration
Eng. Com. Sub. for House Bill No. 2161, Creating the Herbert Henderson Office of Minority Affairs.
Eng. Com. Sub. for House Bill No. 2517, Allowing Correctional Industries to directly purchase workers' compensation coverage for inmates.
And,
Eng. House Bill No. 2695, Relating to the educational broadcasting authority.
And reports the same back with the recommendation that they each do pass; but under the original double committee references first be referred to the Committee on Finance.
Respectfully submitted,
Herb Snyder,
Chair.
At the request of Senator Snyder, unanimous consent being granted, the bills (Eng. Com. Sub. for H. B. No. 2161, Eng. Com. Sub. for H. B. No. 2517 and Eng. H. B. No. 2695) contained in the preceding report from the Committee on Government Organization were each taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee references, were then referred to the Committee on Finance.
Senator Palumbo, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. Com. Sub. for House Bill No. 2438, Bringing older contradicting language still remaining in the code into conformity with §3-2-5(b)(3) and reestablishing a definition for "independent voter".
And has amended same.
And,
Eng. Com. Sub. for House Bill No. 2750, Adding consideration of sexual assault in issuing an order to temporarily or permanently end a parent-child relationship.
And has amended same.
And reports the same back with the recommendation that they each do pass, as amended.
Respectfully submitted,
Corey Palumbo,
Chair.
Senator Snyder, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration
Eng. Com. Sub. for House Bill No. 2562, Relating to the State Athletic Commission.
And has amended same.
And,
Eng. House Bill No. 2708, Removing a twelve-month limitation for certain agreements between or among law-enforcement agencies.
And has amended same.
And reports the same back with the recommendation that they each do pass, as amended; but under the original double committee references first be referred to the Committee on the Judiciary.
Respectfully submitted,
Herb Snyder,
Chair.
At the request of Senator Snyder, unanimous consent being granted, one of the bills (Eng. Com. Sub. for H. B. No. 2562) contained in the preceding report from the Committee on Government Organization was taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee reference, was then referred to the Committee on the Judiciary, with amendments from the Committee on Government Organization pending.
At the request of Senator Palumbo, as chair of the Committee on the Judiciary, unanimous consent was granted to dispense with the second committee reference of Engrossed House Bill No. 2708 contained in the foregoing report from the Committee on Government Organization.
At the request of Senator Snyder, unanimous consent being granted, Engrossed House Bill No. 2708 was taken up for immediate consideration, read a first time and ordered to second reading.
Senator Palumbo, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. Com. Sub. for House Bill No. 2586, Authorizing the Department of Transportation to promulgate legislative rules.
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
Eng. Com. Sub. for House Bill No. 2626, Authorizing the Department of Commerce to promulgate legislative rules.
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
Eng. House Bill No. 2648, Increasing the faculty senate allotment for classroom teachers and librarians.
And reports the same back with the recommendation that it do pass; but under the original double committee reference first be referred to the Committee on Finance.
Respectfully submitted,
Robert H. Plymale,
Chair.
At the request of Senator Prezioso, as chair of the Committee on Finance, unanimous consent was granted to dispense with the second committee reference of the bill contained in the foregoing report from the Committee on Education.
Senator Snyder, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration
Eng. House Bill No. 2697, Updating the recordkeeping requirements of municipalities.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Herb Snyder,
Chair.
Senator Foster, from the Committee on Pensions, submitted the following report, which was received:
Your Committee on Pensions has had under consideration
Eng. House Bill No. 2765, Relating to the retirement plans administered by the West Virginia Consolidated Public Retirement Board.
Eng. Com. Sub. for House Bill No. 2766, Relating to contribution rate for the Deputy Sheriff Retirement System.
And,
Eng. Com. Sub. for House Bill No. 2939, Clarifying the definition of compensation for purposes of calculating required contributions to the public employees retirement system.
And reports the same back with the recommendation that they each do pass; but under the original double committee references first be referred to the Committee on Finance.
Respectfully submitted,
Dan Foster,
Chair.
At the request of Senator Prezioso, as chair of the Committee on Finance, unanimous consent was granted to dispense with the second committee reference of the bills (Eng. H. B. No. 2765, Eng. Com. Sub. for H. B. No. 2766 and Eng. Com. Sub. for H. B. No. 2939) contained in the foregoing report from the Committee on Pensions.
Senator Laird, from the Committee on Natural Resources, submitted the following report, which was received:
Your Committee on Natural Resources has had under consideration
Eng. House Bill No. 2845, Creating a senior resident lifetime hunting, fishing and trapping license that will cost $25.
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,
William R. Laird IV,
Chair.
At the request of Senator Laird, unanimous consent being granted, the bill (Eng. H. B. No. 2845) contained in the preceding report from the Committee on Natural Resources was taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee reference, was then referred to the Committee on Finance.
Senator Browning, from the Committee on Economic Development, submitted the following report, which was received:
Your Committee on Economic Development has had under consideration
Eng. House Bill No. 2871, Relating to brownfield economic development districts.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended.
Respectfully submitted,
Richard Browning,
Chair.
Senator Palumbo, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. House Bill No. 2935, Repealing an outdated article of election code relating to voting systems.
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
Eng. Com. Sub. for House Bill No. 2949, Providing definitions of "low income" for purposes of property tax relief programs.
And reports the same back with the recommendation that it do pass; but under the original double committee reference first be referred to the Committee on Finance.
Respectfully submitted,
Corey Palumbo,
Chair.
At the request of Senator Palumbo, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 2949) 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
Eng. House Bill No. 2989, Creating a process by which the West Virginia Racing Commission may grant stay requests.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended.
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
Eng. House Bill No. 2990, Changing the renewal of Racing Commission-issued occupational permits.
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
Eng. Com. Sub. for House Bill No. 3205, Reducing jail sentence for successful completion of education and rehabilitation programs.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended.
Respectfully submitted,
Corey Palumbo,
Chair.
Senator Beach, from the Committee on Transportation and Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had under consideration
House Concurrent Resolution No. 4, The "PFC Carl E. Talterson and PFC Joseph W. Sell, Jr. Memorial Bridge".
House Concurrent Resolution No. 5, The "Fletcher Brothers Memorial Bridge".
House Concurrent Resolution No. 7, The "Staff Sergeant Arthur Coulter and Corporal E. J. Sizemore Memorial Bridge".
House Concurrent Resolution No. 9, The "Ronald Lee Fenstermacher Memorial Bridge".
House Concurrent Resolution No. 10, The "Everett 'Bud' Currence Memorial Bridge".
House Concurrent Resolution No. 11, The "Raymon Dale Kesling Memorial Bridge".
House Concurrent Resolution No. 12, The "Senator Homer K. Ball Memorial Road".
House Concurrent Resolution No. 13, The "Delegate Mike Porter Memorial Road".
House Concurrent Resolution No. 19, The "Capt. Jackie Lee Dickens, USAF, and PFC. Kent Howell, USMC, Memorial Highway".
House Concurrent Resolution No. 20, The "Daniel M. Gunnoe Memorial Bridge".
House Concurrent Resolution No. 22, The "Delegate Dale F. Riggs Memorial Bridge".
House Concurrent Resolution No. 23, The "Howard 'Junkie' Masters Bridge".
House Concurrent Resolution No. 28, The "William Chapman 'Chap' Cook and Civil War Veterans Memorial Highway".
House Concurrent Resolution No. 29, The "Simpson Brothers Veterans Bridge".
And,
House Concurrent Resolution No. 30, The "Brian Lester Browder Memorial Bridge".
And reports the same back with the recommendation that they each be adopted.
Respectfully submitted,
Robert D. Beach,
Chair.
At the request of Senator Beach, unanimous consent being granted, House Concurrent Resolution No. 4 contained in the preceding report from the Committee on Transportation and Infrastructure was taken up for immediate consideration.
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.
At the request of Senator Beach, unanimous consent being granted, House Concurrent Resolution No. 5 contained in the preceding report from the Committee on Transportation and Infrastructure was taken up for immediate consideration.
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.
At the request of Senator Beach, unanimous consent being granted, House Concurrent Resolution No. 7 contained in the preceding report from the Committee on Transportation and Infrastructure was taken up for immediate consideration.
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.
At the request of Senator Beach, unanimous consent being granted, House Concurrent Resolution No. 9 contained in the preceding report from the Committee on Transportation and Infrastructure was taken up for immediate consideration.
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.
At the request of Senator Beach, unanimous consent being granted, House Concurrent Resolution No. 10 contained in the preceding report from the Committee on Transportation and Infrastructure was taken up for immediate consideration.
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.
At the request of Senator Beach, unanimous consent being granted, House Concurrent Resolution No. 11 contained in the preceding report from the Committee on Transportation and Infrastructure was taken up for immediate consideration.
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.
At the request of Senator Beach, unanimous consent being granted, House Concurrent Resolution No. 12 contained in the preceding report from the Committee on Transportation and Infrastructure was taken up for immediate consideration.
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.
At the request of Senator Beach, unanimous consent being granted, House Concurrent Resolution No. 13 contained in the preceding report from the Committee on Transportation and Infrastructure was taken up for immediate consideration.
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.
At the request of Senator Beach, unanimous consent being granted, House Concurrent Resolution No. 19 contained in the preceding report from the Committee on Transportation and Infrastructure was taken up for immediate consideration.
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.
At the request of Senator Beach, unanimous consent being granted, House Concurrent Resolution No. 20 contained in the preceding report from the Committee on Transportation and Infrastructure was taken up for immediate consideration.
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.
At the request of Senator Beach, unanimous consent being granted, House Concurrent Resolution No. 22 contained in the preceding report from the Committee on Transportation and Infrastructure was taken up for immediate consideration.
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.
At the request of Senator Beach, unanimous consent being granted, House Concurrent Resolution No. 23 contained in the preceding report from the Committee on Transportation and Infrastructure was taken up for immediate consideration.
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.
At the request of Senator Beach, unanimous consent being granted, House Concurrent Resolution No. 28 contained in the preceding report from the Committee on Transportation and Infrastructure was taken up for immediate consideration.
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.
At the request of Senator Beach, unanimous consent being granted, House Concurrent Resolution No. 29 contained in the preceding report from the Committee on Transportation and Infrastructure was taken up for immediate consideration.
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.
At the request of Senator Beach, unanimous consent being granted, House Concurrent Resolution No. 30 contained in the preceding report from the Committee on Transportation and Infrastructure was taken up for immediate consideration.
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.
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
House Concurrent Resolution No. 39, The "Justin Frye Memorial Bridge".
And has amended same.
House Concurrent Resolution No. 40, The "Joseph Homer Lloyd Bridge".
And has amended same.
And,
House Concurrent Resolution No. 42, The "PFC William A. Lawrence Memorial Bridge".
And has amended same.
And reports the same back with the recommendation that they each be adopted, as amended.
Respectfully submitted,
Robert D. Beach,
Chair.
At the request of Senator Beach, unanimous consent being granted, House Concurrent Resolution No. 39 contained in the preceding report from the Committee on Transportation and Infrastructure was taken up for immediate consideration.
The following amendments to the resolution, from the Committee on Transportation and Infrastructure, were reported by the Clerk, considered simultaneously, and adopted:
On page three, in the first Resolved clause, by striking out the word "Memorial" and inserting in lieu thereof the word "Honorary";
On page three, in the second Resolved clause, by striking out the word "Memorial" and inserting in lieu thereof the word "Honorary";
And,
By striking out the title and substituting therefor a new title, to read as follows:
House Concurrent Resolution No. 39--Requesting the Division of Highways to name bridge 22-64-0.02 over Uptons Creek at Spurlockville in Lincoln County, West Virginia, the "Justin Frye Honorary Bridge".
The question now being on the adoption of the resolution, as amended, 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.
At the request of Senator Beach, unanimous consent being granted, House Concurrent Resolution No. 40 contained in the preceding report from the Committee on Transportation and Infrastructure was taken up for immediate consideration.
The following amendment to the resolution, from the Committee on Transportation and Infrastructure, was reported by the Clerk and adopted:
On page three, in the second Resolved clause, by striking out the words "with an additional designation that he is a Pearl Harbor survivor".
The question now being on the adoption of the resolution, as amended, 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.
At the request of Senator Beach, unanimous consent being granted, House Concurrent Resolution No. 42 contained in the preceding report from the Committee on Transportation and Infrastructure was taken up for immediate consideration.
The following amendments to the resolution, from the Committee on Transportation and Infrastructure, were reported by the Clerk, considered simultaneously, and adopted:
On page one, in the first Resolved clause, after the words "William A." by inserting the word "'Jackie'";
On page two, in the second Resolved clause, after the words "William A." by inserting the word "'Jackie'";
On page two, in the second Resolved clause, by striking out the words "with a designation that PFC William A. Lawrence served in the Vietnam Conflict";
And,
By striking out the title and substituting therefor a new title, to read as follows:
House Concurrent Resolution No. 42--Requesting the Division of Highways to name bridge 23-16-3.45 over Buffalo Creek on State Route 16 in Logan County, West Virginia, the "PFC William A. 'Jackie' Lawrence Memorial Bridge".
The question now being on the adoption of the resolution, as amended, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
The Senate proceeded to the sixth order of business.
Senators Chafin, Unger, Fanning and Klempa offered the following resolution:
Senate Concurrent Resolution No. 53--Requesting the Division of Highways to name bridge number 30-3/5-3.01, in Mingo County, the "Brittany Nicole Dentro Memorial Bridge".
Whereas, Brittany Nicole Dentro was born at Williamson Memorial Hospital in 1991, the daughter of Tony and Ginger Dentro; and
Whereas, Brittany Nicole Dentro lived in Lenore, West Virginia, where she attended Lenore from Kindergarten through the 8th grade and played softball, basketball and was a cheerleader; and
Whereas, Brittany Nicole Dentro attended Logan High School, where she participated in many activities, including coaching the Tug Valley Midget League cheerleading team; and
Whereas, Brittany Nicole Dentro loved spending time with her sisters, Alisha and Heather; and
Whereas, Brittany Nicole Dentro was diagnosed with juvenile diabetes at the age of 8; and
Whereas, Brittany Nicole Dentro attended a diabetes camp in Wheeling and Charleston, West Virginia, Camp Kno-Koma, where she eventually became a councilor to help others with other young children diagnosed with diabetes; and
Whereas, Brittany Nicole Dentro enjoyed helping her grandfather operate his convenience store and helping her grandmother with patients in the ICU at Williamson Memorial Hospital; and
Whereas, Brittany Nicole Dentro would have graduated from Logan High School in May 2009, and was planning to attend Marshall University, where she was accepted in the nursing program and planned on becoming a registered nurse; and
Whereas, Sadly, Brittany Nicole Dentro passed on April 20, 2009, brining to an end a young, precious life that was filled with compassion and love for others and unlimited potential; and
Whereas, Brittany Nicole Dentro left behind a host of family and friends all of whom will miss her dearly; and
Whereas, It is fitting, to name this bridge as a memorial to the life of Brittany Nicole Dentro; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways to name bridge number 30-3/5-3.01, in Mingo County, the "Brittany Nicole Dentro Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the bridge as the "Brittany Nicole Dentro Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation and the family of Brittany Nicole Dentro.
Which, under the rules, lies over one day.
At the request of Senator Unger, unanimous consent being granted, the Senate returned to the fourth order of business.
Senator Snyder, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration
Senate Concurrent Resolution No. 54 (originating in the Committee on Government Organization)--Requesting the Joint Committee on Government and Finance to study the scope of practice of health care professions and the need for the establishment of a commission to make independent recommendations to the Legislature on scope of practice issues.
Whereas, This Legislature is committed to availability, access and affordability of patients to high quality health care services by licensed health care professionals; and
Whereas, There is a demonstrated need to examine the scope of practice expansion proposals that are proposed for legislative consideration and those currently in statute; and
Whereas, The regulation of health care professions is designed to protect the public and enhance patient access to competent health care delivery services; and
Whereas, Health care is an evolving, dynamic system and changes in the scope of practice are inherent in health care delivery; and
Whereas, Scope of practice issues for health care delivery is often a complex and contentious process; and
Whereas, Changes to the scope of practice should recognize the established history of the practiced scope within health care professions, a recognition of the education and training received by a particular health care discipline, evidence supporting the need for a change to the scope of practice and the appropriate regulatory environment; and
Whereas, The interim study would provide an opportunity for a professional licensure discussion by and between health care regulatory boards, education and training institutions, citizens, advocates, patients, health care professionals, and lawmakers; and
Whereas, The interim study would also allow the opportunity to discuss any appropriate expansion of the scope of practice for various health care boards or modification to current statutory provisions; and
Whereas, The interim study would compare national minimum requirements for health care professionals; and
Whereas, The interim study would examine educational comparisons of health care professionals; and
Whereas, The interim study would address the didactic and clinical training and continuing education of health professionals; and
Whereas, the interim study would review the supervised educational experience and practice for health care professionals; and
Whereas, The interim study would evaluate the statutory and regulatory requirements of health care professionals in other states; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the scope of practice of health care professions and the need for the establishment of a commission to make independent recommendations to the Legislature on scope of practice issues; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2012, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
And reports the same back with the recommendation that it be adopted.
Respectfully submitted,
Herb Snyder,
Chair.
On motion of Senator Snyder, the resolution (S. C. R. No. 54) contained in the foregoing report from the Committee on Government Organization was then referred to the Committee on Rules.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 50, Calling on WV Congressional Delegation to promote and protect Title X funding.
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Rules.
Senate Concurrent Resolution No. 51, Requesting Joint Committee on Government and Finance study existing agency rules to evaluate regulatory burden on business and industry.
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Finance; and then to the Committee on Rules.
Senate Concurrent Resolution No. 52, Requesting Joint Committee on Government and Finance study impacts of cost sharing, coinsurance and specialty tier pricing for prescription medications.
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Health and Human Resources; and then to the Committee on Rules.
The Senate proceeded to the eighth order of business.
Eng. Com. Sub. for Com. Sub. for Senate Bill No. 350, Creating all-payer claims database.
On third reading, coming up in regular order, was reported by the Clerk.
On motion of Senator Unger, the bill was recommitted to the Committee on Finance.
Eng. Com. Sub. for Senate Bill No. 539, Increasing cities in which certain police chiefs are entitled to reinstatement.
On third reading, coming up in regular order, was reported by the Clerk.
On motion of Senator Unger, the bill was recommitted to the Committee on Government Organization.
The Senate proceeded to the ninth order of business.
Senate Bill No. 615, Increasing salaries for certain public employees.
On second reading, coming up in regular order, was reported by the Clerk.
At the request of Senator Unger, unanimous consent being granted, the bill was laid over one day, retaining its place on the calendar.
The Senate proceeded to the twelfth order of business.
Remarks were made by Senators Miller, Unger and Beach.
Thereafter, at the request of Senator Unger, and by unanimous consent, the remarks by Senator Miller were ordered printed in the Appendix to the Journal.
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, March 4, 2011, at 11 a.m.
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