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Senate Journal



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sdj-56th day
WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

EIGHTIETH LEGISLATURE

REGULAR SESSION, 2011

FIFTY-SIXTH DAY

____________

Charleston, W. Va., Tuesday, March 8, 2011

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

Prayer was offered by the Reverend Al Mendez, Goldtown Community Church, Ripley, West Virginia.
Pending the reading of the Journal of Monday, March 7, 2011,
On motion of Senator Beach, 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.
At the request of Senator Unger, and by unanimous consent, the provisions of rule number fifty-four of the Rules of the Senate, relating to persons entitled to the privileges of the floor, were suspended in order to grant the families of the late Lt. Ronnie D. Ferrell and the Honorable Donald T. Caruth privileges of the floor for the day.
The Senate then proceeded to the third order of business.
A message from The Clerk of the House of Delegates announced that that body had agreed to the appointment of a committee of conference of three from each house on the disagreeing votes of the two houses, as to
Eng. Com. Sub. for House Bill No. 2464, Adding additional requirements to the Ethics Act.
The message further announced the appointment of the following conferees on the part of the House of Delegates:
Delegates Barker, Poore and Lane.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the Senate amendment to, and the passage as amended, of
Eng. House Bill No. 2708, Removing a twelve-month limitation for certain agreements between or among law-enforcement agencies.
A message from The Clerk of the House of Delegates announced that that body had refused to concur in the Senate amendments to, and requested the Senate to recede therefrom, as to
Eng. Com. Sub. for House Bill No. 2879, Providing a one-time, nonbase building, supplemental salary increase for all eligible state employees.
On motion of Senator Unger, the Senate refused to recede from its amendments to the bill and requested the appointment of a committee of conference of three from each house on the disagreeing votes of the two houses.
Whereupon, Senator Kessler (Acting President) appointed the following conferees on the part of the Senate:
Senators Plymale, Wells, D. Facemire, Edgell and Boley.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
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. 27--Urging the Citizen's Stamp Advisory Committee of the United States Postal Service to approve and issue a commemorative postage stamp honoring the achievements and contributions of the coal miner to the United States.
Referred to the Committee on Government Organization.
A message from The Clerk of the House of Delegates announced the adoption by that body and requested the concurrence of the Senate in the adoption of
House Concurrent Resolution No. 138--Reaffirming the sister- state relationship between the State of West Virginia and Taiwan Province of the Republic of China and affirming Support of Meaningful Participation by the Government of the Republic of China (Taiwan) as an observer in the international Civil Aviation Organization (ICAO) and the United Nations Framework Convention on Climate Change (UNFCCC).
At the request of Senator Unger, and by unanimous consent, the message was taken up for immediate consideration and reference of the resolution to a committee dispensed with.
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.
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. 139--Calling for the Congress of the United States to offer and support a resolution honoring the life of Frank Woodruff Buckles, and providing that Mr. Buckles body be allowed to lie in honor in the United States Capitol rotunda.
At the request of Senator Unger, and by unanimous consent, the message was taken up for immediate consideration and reference of the resolution to a committee dispensed with.
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.
Thereafter, at the request of Senator Snyder, and by unanimous consent, the remarks by Senator Unger regarding the adoption of House Concurrent Resolution No. 139 were ordered printed in the Appendix to the Journal.
Executive Communications

Senator Kessler (Acting President) laid before the Senate the following communication from His Excellency, the Governor, regarding annual reports, which communication was received and filed with the Clerk:
STATE OF WEST VIRGINIA

OFFICE OF THE GOVERNOR

CHARLESTON

March 8, 2011

Senate Executive Message No. 5
The Honorable Jeffrey V. Kessler
Acting President, West Virginia Senate
State Capitol
Charleston, West Virginia
Dear Mr. President:
Pursuant to the provisions of section twenty, article one, chapter five of the Code of West Virginia, I hereby certify that the following 2009-2010 annual reports have been received in the Office of the Governor:
Accountancy, West Virginia Board of (2009 and 2010)
Adjutant General, Office of the, State of West Virginia (West Virginia National Guard) 2009 and 2010
Architects, West Virginia Board of
Attorney General, Office of the, State of West Virginia
Banking, Division of, West Virginia Department of Revenue (2009 and 2010)
Barbers and Cosmetologists, West Virginia Board of
Consumer Advocate, Office of the, Office of the Insurance Commissioner, West Virginia Department of Revenue
Consumer Advocate, Division of the, West Virginia Public Service Commission
Corrections, Division of, West Virginia Department of Military Affairs and Public Safety
Counseling, West Virginia Board of
Court of Claims, West Virginia
Court System, West Virginia Supreme Court of Appeals
Crime, Delinquency and Correction, Governor's Committee on, Community Corrections Act, Division of Criminal Justice Services, West Virginia Department of Military Affairs and Public Safety
Crime, Delinquency and Correction, Governor's Committee on, Law Enforcement Training Subcommittee, Division of Criminal Justice Services, West Virginia Department of Military Affairs and Public Safety
Dental Examiners, West Virginia Board of

Dieticians, West Virginia Board of Licensed
Economic Development Authority, West Virginia

Education, Board of, West Virginia Department of Education (2008-2009)
Energy, Division of, West Virginia Department of Commerce
Family Protection Services Board, West Virginia Department of Health and Human Resources
Farmland Protection Conservation Easements, West Virginia Agricultural Land Protection Authority
 Fire Marshal, State Fire Commission, West Virginia Department of Military Affairs and Public Safety
Guaranteed Work Force Program, Governor's, West Virginia Department of Commerce (2009 and 2010)
Health Enhancement and Lifestyle Planning (GOHELP), Governor's Office of
Housing Development Fund, West Virginia
Insurance Commissioner, Office of the, West Virginia Department of Revenue
Juvenile Services, Division of, West Virginia Department of Military Affairs and Public Safety
Licensed Practical Nurses, West Virginia State Board of Examiners for
Logging Sediment Control Act, Division of Forestry, West Virginia Department of Commerce
Medical Imaging and Radiation Therapy Technology, West Virginia Board of Examiners for
Medicine, West Virginia Board of, Volumes I, II, and III
Mine Inspectors' Examining Board, West Virginia Office of Miners' Health, Safety and Training, West Virginia Department of Commerce
Motor Vehicles, Division of, West Virginia Department of Transportation
Municipal Bond Commission, West Virginia
National and Community Service, West Virginia Commission for (Volunteer West Virginia)
Neighborhood Investment Program, West Virginia Development Office
Nursing Home Administrators Licensing Board, West Virginia
Osteopathy, West Virginia Board of
Parole Board, West Virginia Department of Military Affairs and Public Safety
Personnel, Division of, West Virginia Department of Administration
Pharmacy, West Virginia Board of
Physical Therapy, West Virginia Board of
Planning and Development Council, Region VII
Privacy Office, West Virginia Health Care Authority
Professional Engineers, West Virginia State Board of Registration for
Psychologists, West Virginia Board of Examiners of
Public Defender Services, West Virginia
Real Estate Commission, West Virginia
Registered Professional Nurses, West Virginia Board of Examiners for (Biennium Report)
Rehabilitation Council, Division of Rehabilitation Services, West Virginia Department of Education and the Arts
Rehabilitation Services, Division of, West Virginia Department of Education and the Arts
Risk and Insurance Management, West Virginia Board of
Ron Yost Personal Assistance Services Board, Statewide Independent Living Council, Division of Rehabilitation Services, West Virginia Department of Education and the Arts
Senior Services, West Virginia Bureau of
State Police, West Virginia
Transportation Coordinating Council, Division of Public Transit, West Virginia Department of Transportation
Veterans Affairs, Division of, Department of Military Affairs and Public Safety
Veterinary Medicine, West Virginia Board of
Water Development Authority, West Virginia
Very truly yours,
Earl Ray Tomblin,
Governor.
Senator Kessler (Acting President) then laid before the Senate the following communication from His Excellency, the Governor, submitting the annual probation and parole report, which was received:
STATE OF WEST VIRGINIA

OFFICE OF THE GOVERNOR

CHARLESTON

March 8, 2011

Senate Executive Message No. 6
The Honorable Jeffrey V. Kessler
Acting President, West Virginia Senate
State Capitol
Charleston, West Virginia
Dear Mr. President:
In accordance with the provisions of Section 11, Article 7 of the Constitution of the State of West Virginia, and Section 16, Article 1, Chapter 5 of the Code of West Virginia, I hereby report that I granted no pardons or reprieves, nor commuted punishment to any person, nor remitted any fines or penalties during the period of November 15, 2010 through March 8, 2011.
I further hereby report that, according to the records in the Office of the Governor, no pardons or reprieves were granted by former Governor Joe Manchin III during the period of February 26, 2010 through November 15, 2010, nor did former Governor Manchin commute punishment to any person, nor remit any fines or penalties during said period.
Very truly yours,
Earl Ray Tomblin,
Governor.
\
The Senate proceeded to the fourth order of business.
Senator Miller, from the Joint Committee on Enrolled Bills, submitted the following report, which was received:
Your Joint Committee on Enrolled Bills has examined, found truly enrolled, and on the 8th day of March, 2011, presented to His Excellency, the Governor, for his action, the following bill, signed by the Acting President of the Senate and the Speaker of the House of Delegates:
(S. B. No. 458), Updating Logging Sediment Control Act.
Respectfully submitted,
Ronald F. Miller,
Chair, Senate Committee.
Meshea L. Poore,
Chair, House Committee.
Senator Palumbo, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Concurrent Resolution No. 44, Requesting Joint Committee on Government and Finance study utility services.
And,
Senate Concurrent Resolution No. 48, Requesting Joint Committee on Government and Finance study need to clarify law relating to disposition of deceased person's remains.
And reports the same back with the recommendation that they each be adopted; but under the original double committee references first be referred to the Committee on Rules.
Respectfully submitted,
Corey Palumbo,
Chair.
The resolutions, under the original double committee references, were then referred to the Committee on Rules.
Senator Kessler (Acting President), from the Committee on Rules, submitted the following report, which was received:
Your Committee on Rules has had under consideration
Senate Concurrent Resolution No. 54, Requesting Joint Committee on Government and Finance study scope of practice of health care professions.
Senate Concurrent Resolution No. 57, Requesting Joint Committee on Government and Finance study implementation of highway signage program to direct visitors to tourist-oriented businesses.
And,
Senate Concurrent Resolution No. 58, Requesting Joint Committee on Government and Finance study advisability of establishing Economic Diversification Permanent Fund using mineral severance taxes.
And reports the same back with the recommendation that they each be adopted.
Respectfully submitted,
Jeffrey V. Kessler,
Chair ex officio.
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. 2248, Expanding the list of federal law-enforcement officers who are extended the authority of state and local law-enforcement officers to enforce the laws of this state.
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. House Bill No. 2551, Relating generally to estates and trusts and their administration.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended; but under the original double committee reference first be referred to the Committee on Finance.
Respectfully submitted,
Corey Palumbo,
Chair.
At the request of Senator Palumbo, unanimous consent being granted, the bill (Eng. H. B. No. 2551) 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, with amendments from the Committee on the Judiciary pending.
Senator Palumbo, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. Com. Sub. for House Bill No. 2864, All relating to the creation of a misdemeanor crime of unlawful restraint in the first and second degree.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended.
Respectfully submitted,
Corey Palumbo,
Chair.
Senator Laird, from the Committee on Natural Resources, submitted the following report, which was received:
Your Committee on Natural Resources has had under consideration
Eng. Com. Sub. for House Bill No. 2986, Relating to forest fire seasons.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended.
Respectfully submitted,
William R. Laird IV,
Chair.
At the request of Senator Laird, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 2986) contained in the preceding report from the Committee on Natural Resources was taken up for immediate consideration, read a first time and ordered to second reading.
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. 86, The "PFC Roger Lee Byus Memorial Bridge".
And reports the same back with the recommendation that it be adopted.
Respectfully submitted,
Robert D. Beach,
Chair.
The Senate proceeded to the sixth order of business.
Senators Palumbo,
Foster, McCabe, Wells, Chafin, Browning, Jenkins, Kessler (Acting President), Unger, Fanning, Plymale and Boley offered the following resolution:
Senate Concurrent Resolution No. 60--Requesting the Division of Highways name bridge number 20-60/63-0.11, which crosses the Kanawha River and connects Interstate 64-eastbound/77-southbound at Exit 98 with Kanawha City at 35th Street in Charleston, Kanawha County, West Virginia, commonly known as the 35th Street Interstate Bridge, the "Kaufman Memorial 35th Street Bridge".
Whereas, The Kaufman Memorial 35th Street Bridge would honor three Charlestonians, all members of the same family who were born and raised and lived their entire lives in Charleston not far from this bridge; and
Whereas, All three Kaufman family members, Paul Joseph Kaufman (age 60), Rose Jean ("R.J.") Kaufman (age 52) and Steven Miles Kaufman (age 20), were tragically killed by a drunk driver on December 28, 1980 in the prime of their lives; and
Whereas, Paul J. Kaufman served as a West Virginia State Senator from 1960 until 1968 and was widely considered an effective people-oriented legislator, sponsoring such legislation as the West Virginia Human Rights Act, tax reform, providing free textbooks to school children, one person one vote legislative representation, improved and expanded health care, West Virginia's first pollution control law, the repeal of capital punishment, repeal of certain Sunday Blue Laws, sponsorship of the first West Virginia Arts and Humanities Commission, and support of civil service for all state government employees; and
Whereas, In 1968, Paul J. Kaufman was defeated in a bid for Governor of West Virginia, but was subsequently elected as a delegate to his first of three Democratic National Conventions; and
Whereas, In 1951, Paul J. Kaufman launched the first legal aid office for the poor in West Virginia on a volunteer basis, which grew from a small privately financed beginning to publicly financed legal services offices throughout the state; and
Whereas, In 1969, Paul J. Kaufman organized a regional public interest, consumer-oriented law firm, the Appalachian Research and Defense Fund, in Kentucky and West Virginia, which he directed until 1973, when he resumed the private practice of law in Charleston; and
Whereas, Paul J. Kaufman was a regionally and nationally published author, founder of the first Appalachian Land Festival, and counsel to West Virginia coal miners in 1969, resulting in passage of the first Black Lung Compensation Law in West Virginia, and subsequently the Federal Coal Mine Health and Safety Law; and
Whereas, Rose Jean ("R.J.") Kaufman was a strong feminist, a fierce civil rights advocate of long standing, and a labor organizer in higher education who also had written articles for publication; and
Whereas, R.J. Kaufman had a life-long career in the fields of social work, health and education, and also served on the boards of a number of charitable and civic organizations, including serving as an early member of the Women's Health Center Board, becoming an early proponent of Kanawha-Valley Hospice, and serving as the only Caucasian Board member of the Mattie V. Lee Home at the time of her death; and
Whereas, Opera and ballet were R.J. Kaufman's favorite spectator sports; and
Whereas, R.J. and Paul J. Kaufman were married for thirty years at the time of their untimely deaths; and
Whereas, Steven Miles Kaufman was in the upward trajectory of his life when he was killed with his parents; and
Whereas, Steven Miles Kaufman, like his beloved parents, attended elementary school, junior high school, and high school in the public schools of Kanawha County; and
Whereas, Steven Miles Kaufman was a lanky, tall, student/athlete, playing basketball, running distances and mountain climbing at the end of the first semester of his sophomore year studying premed at Tufts University when he was killed while visiting at home over the winter break; and
Whereas, Paul Joseph, Rose Jean and Steven Miles Kaufman were buried along side each other, less than a mile from this bridge and the hospital where Steven Miles Kaufman was born; and
Whereas, The lives of Paul Joseph, Rose Jean and Steven Miles Kaufman shall be recognized and honored; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways name bridge number 20-60/63- 0.11, which crosses the Kanawha River and connects Interstate 64- eastbound/77-southbound at Exit 98 with Kanawha City at 35th Street in Charleston, Kanawha County, West Virginia, commonly known as the 35th Street Interstate Bridge, the "Kaufman Memorial 35th Street 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 "Kaufman Memorial 35th Street 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 Transportation, the Commissioner of Highways and the family of Paul Joseph, Rose Jean and Steven Miles Kaufman.

At the request of Senator Unger, and by unanimous consent, the resolution was taken up for immediate consideration and reference to a committee dispensed with.
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.
Thereafter, at the request of Senator McCabe, and by unanimous consent, the remarks by Senator Palumbo regarding the adoption of Senate Concurrent Resolution No. 60 were ordered printed in the Appendix to the Journal.
At the request of Senator Unger, unanimous consent being granted, the Senate returned to the fourth order of business.
Senator Laird, from the Committee on Natural Resources, submitted the following report, which was received:
Your Committee on Natural Resources has had under consideration
Senate Concurrent Resolution No. 61 (originating in the Committee on Natural Resources)--
Requesting the Joint Committee on Government and Finance study methods for assessing the state's narrative water quality standards by utilizing the West Virginia Water Research Institute.
Whereas , The West Virginia Legislature previously enacted Chapter 22 Article 11 of the 1931 Code of West Virginia as amended, the West Virginia Water Pollution Control Act, and in that enactment declared it to be "the public policy of the State of West Virginia to maintain reasonable standards of purity and quality of the water of the state consistent with (1) public health and enjoyment thereof; (2) the propagation and protection of animal, bird, fish, aquatic and plant life; and (3) the expansion of employment opportunities, maintenance and expansion of agriculture and the provision of a permanent foundation for healthy industrial development."; and
Whereas , Such standards have been promulgated by the West Virginia Department of Environmental Protection and the Legislature and submitted to and approved by the United States Environmental Protection Agency pursuant to the federal Clean Water Act; and
Whereas , These environmental protections and permitting measures include narrative water quality standards codified at 47 CSR 2-3; and
Whereas , The West Virginia Water Research Institute is dedicated to the preservation and restoration of the natural environment through research and outreach with industry, government agencies, academia, and the public; and
Whereas , The Institute has been in existence since 1967 and is the premier water research center in West Virginia and an international leader. West Virginia Water Research Institute is a program within the National Research Center for Coal & Energy located at West Virginia University; and
Whereas , The Legislature desires the West Virginia Water Research Institute to develop a method to assess the state's narrative water quality standards and determine whether or not streams meet the Clean Water Act's designated use requirements ; therefore, be it
Resolved by the Legislature of West Virginia:

That the Joint Committee on Government and Finance is hereby requested to study methods for assessing the state's narrative water quality standards by utilizing the West Virginia Water Research Institute
to conduct a study on aquatic ecosystem assessment and stream use attainment methods; 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; 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,
William R. Laird IV,
Chair.
At the request of Senator Laird, unanimous consent being granted, the resolution contained in the preceding report from the Committee on Natural Resources was taken up for immediate consideration.
On motion of Senator Laird, the bill was then referred to the Committee on Rules.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 55, Requesting DOH name State Route 35 from mouth of Sweetwater Branch to Gourd Branch, in Wayne County, "Perry Brothers Memorial Highway".
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Transportation and Infrastructure.
Senate Concurrent Resolution No. 56, Requesting DOH name State Route 35 from State Route 152 at Missouri Branch to Tank Hollow, in Wayne County, "Crum Brothers Memorial Highway".
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Transportation and Infrastructure.
Senate Resolution No. 47, Supporting legislation by Senator Rockefeller and Senator Manchin restricting power of United States Environmental Protection Agency.
On unfinished business, coming up in regular order, was reported by the Clerk.
The question being on the adoption of the resolution, the same was put and prevailed.
House Concurrent Resolution No. 14, The "Senator Don Caruth Memorial Road".
On unfinished business, coming up in regular order, was reported by the Clerk.
The question being on the adoption of the resolution, and on this question, Senator Unger demanded the yeas and nays.
The roll being taken,
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 those present and voting having voted in the affirmative, the Acting President declared the resolution (H. C. R. No. 14) adopted.
Ordered, That the Clerk communicate to the House of Delegates the action of the Senate.
House Concurrent Resolution No. 77, The "SP5 Lloyd 'Buddy' Greene Jr. Memorial Bridge".
On unfinished business, coming up in regular order, was reported by the Clerk.
The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That the Clerk communicate to the House of Delegates the action of the Senate.
House Concurrent Resolution No. 103, The "Lt. Ronnie D. Ferrell Memorial Bridge".
On unfinished business, coming up in regular order, was reported by the Clerk.
The question being on the adoption of the resolution, and on this question, Senator Unger demanded the yeas and nays.
The roll being taken,
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 those present and voting having voted in the affirmative, the Acting President declared the resolution (H. C. R. No. 103) adopted.
Ordered, That the Clerk communicate to the House of Delegates the action of the Senate.
The Senate proceeded to the eighth order of business.
Eng. Com. Sub. for House Bill No. 2438, Bringing older contradicting language still remaining in the code into conformity with §3-2-5 and reestablishing a definition for "independent voter".
On third reading, coming up in regular order, was reported by the Clerk.
On motion of Senator Palumbo, the Senate reconsidered the vote by which on yesterday, Monday, March 7, 2011, it adopted Senator Palumbo's amendment to the bill (shown in the Senate Journal of that day, pages 32 to 40, inclusive).
The vote thereon having been reconsidered,
The question again being on the adoption of Senator Palumbo's amendment to the bill.
On motion of Senator Palumbo, the following amendment to Senator Palumbo's amendment to the bill was reported by the Clerk and adopted:
On page eleven, section nine, subdivision (15), by striking out all of paragraph (P) and inserting in lieu thereof a new paragraph (P), to read as follows:
(P) For electronic voting systems that utilize a screen upon which votes may be recorded by means of a stylus of by means of touch,

The question now being on the adoption of Senator Palumbo's amendment to the bill, as amended, the same was put and prevailed.
Having been engrossed, the bill (Eng. Com. Sub. for H. B. No. 2438), as just amended, was read a third time and put upon its passage.
On the passage of the bill,
the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.

So, a majority of all the members present and voting having voted in the affirmative, the Acting President declared the bill (Eng. Com. Sub. for H. B. No. 2438) passed.
At the request of Senator Palumbo , as chair of the Committee on the Judiciary , and by unanimous consent, the unreported Judiciary committee amendment to the title of the bill was withdrawn.
On motion of Senator Palumbo, the following amendment to the title of the bill was reported by the Clerk and adopted:
Eng. Com. Sub. for House Bill No. 2438--A Bill to amend and reenact §3-1-2 of the Code of West Virginia, 1931, as amended; and to amend and reenact §3-4A-9 and §3-4A-20 of said code, all relating to independent voters; defining independent voters; reforming conflicts in voting procedures; and making technical corrections throughout .
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Com. Sub. for House Bill No. 2479, Relating to dental anesthesia.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill,
the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.

So, a majority of all the members present and voting having voted in the affirmative, the Acting President declared the bill (Eng. Com. Sub. for H. B. No. 2479) 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 House Bill No. 2522, Relating to nursing home administrative appeals.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill,
the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.

So, a majority of all the members present and voting having voted in the affirmative, the Acting President declared the bill (Eng. Com. Sub. for H. B. No. 2522) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.

Eng. Com. Sub. for House Bill No. 2525, Relating to the practice of social work.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill,
the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.

So, a majority of all the members present and voting having voted in the affirmative, the Acting President declared the bill (Eng. Com. Sub. for H. B. No. 2525) 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, 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, 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 H. B. No. 2525) 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 House Bill No. 2532, Zipline Responsibility 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, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.

So, a majority of all the members present and voting having voted in the affirmative, the Acting President declared the bill (Eng. Com. Sub. for H. B. No. 2532) passed.
On motion of Senator Palumbo, the following amendment to the title of the bill was reported by the Clerk and adopted:
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 §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.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Com. Sub. for House Bill No. 2586, Authorizing the Department of Transportation to 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, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.

So, a majority of all the members present and voting having voted in the affirmative, the Acting President declared the bill (Eng. Com. Sub. for H. B. No. 2586) 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, 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, 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 H. B. No. 2586) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.

Eng. Com. Sub. for House Bill No. 2626, Authorizing the Department of Commerce to 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, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.

So, a majority of all the members present and voting having voted in the affirmative, the Acting President declared the bill (Eng. Com. Sub. for H. B. No. 2626) 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, 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, 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 H. B. No. 2626) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.

Eng. House Bill No. 2648, Increasing the faculty senate allotment for classroom teachers and librarians.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill,
the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.

So, a majority of all the members present and voting having voted in the affirmative, the Acting President declared the bill (Eng. H. B. No. 2648) 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, 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, two thirds of all the members elected to the Senate having voted in the affirmative, the Acting President declared the bill (Eng. H. B. No. 2648) takes effect July 1, 2011.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
Eng. House Bill No. 2697, Updating the recordkeeping requirements of municipalities.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill,
the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.

So, a majority of all the members present and voting having voted in the affirmative, the Acting President declared the bill (Eng. H. B. No. 2697) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.

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.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill,
the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, 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: Helmick 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 H. B. No. 2750) passed.
The following amendment to the title of the bill, from the Committee on the Judiciary, was reported by the Clerk and adopted:
Eng. Com. Sub. for House Bill No. 2750--A Bill to amend and reenact §49-6-3 and §49-6-5 of the Code of West Virginia, 1931, as amended, all relating to making the commission of sexual assault or sexual abuse against certain persons a basis for denying someone temporary or permanent custody of a minor child or children.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. House Bill No. 2765, Relating to the retirement plans administered by the West Virginia Consolidated Public Retirement Board.
On third reading, coming up in regular order, was read a third time.
Pending discussion,
At the request of Senator Barnes, unanimous consent being granted, further consideration of the bill was deferred until the conclusion of bills on today's second reading calendar.
Eng. Com. Sub. for House Bill No. 2766, Relating to contribution rate for the Deputy Sheriff Retirement System.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, 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: Helmick 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 H. B. No. 2766) 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, Fanning, Foster, Green, Hall, 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: Helmick 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 H. B. No. 2766) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
Eng. House Bill No. 2871, Relating to brownfield economic development districts.
On third reading, coming up in regular order, was read a third time and put upon its passage.
Prior to the call of the roll, Senator Snyder moved to be excused from voting on any matter pertaining to the bill under rule number forty-three of the Rules of the Senate, which motion prevailed.
On the passage of the bill, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--31.
The nays were: None.
Absent: Helmick and Tomblin (Mr. President)--2.
Excused from voting: Snyder--1.
So, a majority of all the members present and voting having voted in the affirmative, the Acting President declared the bill (Eng. H. B. No. 2871) 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, Fanning, Foster, Green, Hall, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--31.
The nays were: None.
Absent: Helmick and Tomblin (Mr. President)--2.
Excused from voting: Snyder--1.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the Acting President declared the bill (Eng. H. B. No. 2871) 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. House Bill No. 2935, Repealing an outdated article of election code relating to 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, Fanning, Foster, Green, Hall, 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: Helmick 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. H. B. No. 2935) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
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.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, 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: Helmick 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 H. B. No. 2939) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
Eng. House Bill No. 2989, Creating a process by which the West Virginia Racing Commission may grant stay requests.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, 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: Helmick 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. H. B. No. 2989) passed.
The following amendment to the title of the bill, from the Committee on the Judiciary, was reported by the Clerk and adopted:
Eng. House Bill No. 2989--A Bill to amend and reenact §19-23- 16 of the Code of West Virginia, 1931, as amended, relating to addressing appeals from decisions of stewards or judges generally; adding references to suspensions or revocations made by judges; providing a process for seeking a stay pending appeal and authority for granting such a request; providing that hearing examiners appointed by the Racing Commission may hear appeals; creating requirements for hearing examiner recommended decision; and providing options for the Racing Commission following a hearing examiner recommended decision.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. House Bill No. 2990, Changing the renewal of Racing Commission-issued occupational permits.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, 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: Helmick 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. H. B. No. 2990) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
Eng. Com. Sub. for House Bill No. 3064, Finding and declaring certain claims against the state and its agencies to be moral obligations of the state.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, 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: Helmick 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 H. B. No. 3064) 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, Fanning, Foster, Green, Hall, 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: Helmick 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 H. B. No. 3064) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. House Bill No. 3114, Allowing the development and operation of a nursing home on the grounds of a critical access hospital meeting certain restrictions.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, 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: Helmick 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. H. B. No. 3114) 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, Fanning, Foster, Green, Hall, 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: Helmick 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. H. B. No. 3114) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
Eng. Com. Sub. for House Bill No. 3205, Reducing jail sentence for successful completion of education and rehabilitation programs.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, 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: Helmick 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 H. B. No. 3205) passed.
The following amendment to the title of the bill, from the Committee on the Judiciary, was reported by the Clerk and adopted:
Eng. Com. Sub. for House Bill No. 3205--A Bill to amend and reenact §31-20-5d of the Code of West Virginia, 1931, as amended, relating to providing persons convicted of a criminal offense and sentenced to confinement in a regional jail a reduction in sentence for successful completion of education and rehabilitation programs; increasing the time permitted by a sentence reduction from one day to five days per program; adding an alcohol abuse program to the programs offered; increasing the total time permitted by sentence reduction to thirty days; and establishing an enrollment fee for each program.
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, Fanning, Foster, Green, Hall, 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: Helmick 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 H. B. No. 3205) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Pending announcement of meetings of standing committees of the Senate,
On motion of Senator Unger, the Senate recessed until 6 p.m. today.
Upon expiration of the recess, the Senate reconvened and proceeded to the ninth order of business.
Senate Bill No. 617, Making supplementary appropriation of federal funds to Department of Education and Arts and DHHR.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 618, Making appropriation from State Road Fund to DOT.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 619, Making supplementary appropriation of unappropriated moneys to various accounts.
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. 2520, Relating to centers for housing young adult offenders.
On second reading, coming up in regular order, was read a second time and ordered to third reading.
Eng. Com. Sub. for House Bill No. 2555, Establishing the offense of operating a motor vehicle while sending, reading or receiving a text message.
On second reading, coming up in regular order, was read a second time.
At the request of Senator Palumbo, unanimous consent being granted, the bill was advanced to third reading with the unreported Judiciary committee amendment pending and the right for further amendments to be considered on that reading.
Eng. Com. Sub. for House Bill No. 2818, Increasing the allowable expense that may be paid for the clean-up of real property damage by a meth lab.
On second reading, coming up in regular order, was read a second time.
The following amendment to the bill, from the Committee on the Judiciary, was reported by the Clerk and adopted:
By striking out everything after the enacting section and inserting in lieu thereof the following:
ARTICLE 2A. COMPENSATION AWARDS TO VICTIMS OF CRIMES.

§14-2A-3. Definitions.

As used in this article, the term:
(a) "Claimant" means any of the following persons, whether residents or nonresidents of this state, who claim an award of compensation under this article:
(1) A victim, except the term "victim" does not include a nonresident of this state where the criminally injurious act did not occur in this state;
(2) A dependent, spouse or minor child of a deceased victim or, in the event that the if the deceased victim is a minor, the parents, legal guardians and siblings of the victim;
(3) A third person, other than a collateral source, who legally assumes or voluntarily pays the obligations of a victim or of a dependent of a victim which a victim's dependent when the obligations are incurred as a result of the criminally injurious conduct that is the subject of the claim;
(4) A person who is authorized to act on behalf of a victim, dependent or a third person who is not a collateral source including, but not limited to, assignees, persons holding power of attorney or other persons others who hold authority to make or submit claims in place of or on behalf of a victim, a dependent or third person who is not a collateral source and in the event that if the victim, dependent or third person who is not a collateral source is a minor or other legally incompetent person, the their duly qualified fiduciary; of the minor;
(5) A person who is a secondary victim in need of mental health counseling due to the person's exposure to the crime committed An award to a secondary victim whose award may not exceed $1,000; and
(6) A person who owns real property damaged by the operation of a methamphetamine laboratory without the knowledge or consent of the owner of the real property.
(b) "Collateral source" means a source of benefits or advantages for economic loss otherwise compensable that the victim or claimant has received or that is readily available to him or her from any of the following sources:
(1) The offender, including any restitution received from the offender pursuant to an order by a court of law sentencing the offender or placing him or her on probation following a conviction in a criminal case arising from the criminally injurious act for which a claim for compensation is made;
(2) The government of the United States or any of its agencies, a state or any of its political subdivisions or an instrumentality of two or more states;
(3) Social Security, Medicare and Medicaid;
(4) State-required, temporary, nonoccupational disability insurance or other disability insurance;
(5) Workers' compensation;
(6) Wage continuation programs of any an employer;
(7) Proceeds of a contract of insurance payable to the victim or claimant for loss that was sustained because of the criminally injurious conduct;
(8) A contract providing prepaid hospital and other health care services or benefits for disability; and
(9) That portion of the proceeds of all contracts of insurance payable to the claimant on account of the death of the victim which exceeds $25,000.
(c) "Criminally injurious conduct" means conduct that occurs or is attempted in this state, or in any state not having a victim compensation program, which by its nature poses a substantial threat of personal injury or death and is punishable by fine, or imprisonment or death or would be so punishable but for the fact that the person engaging in the conduct lacked capacity a finding by a court of competent jurisdiction that the person committing the crime lacked capacity. Criminally injurious conduct also includes criminally injurious conduct committed outside of the United States against a resident of this state. Criminally injurious conduct does not include conduct arising out of the ownership, maintenance or use of a motor vehicle except when unless the person engaging in the conduct intended to cause personal injury or death or when the person engaging in the conduct committed negligent homicide, driving under the influence of alcohol, controlled substances or drugs, reckless driving or when the person leaves leaving the scene of the accident or reckless driving.
(d) "Dependent" means an individual who received over half of his or her support from the victim. For the purpose of determining whether an individual received over half of his or her support from the victim, making this determination there shall be taken into account the amount of support received from the victim as compared to the entire amount of support which the individual received from all sources including support which the individual himself or herself supplied. self-support. The term "support" includes, but is not limited to, food, shelter, clothing, medical and dental care and education. The term "dependent" includes a child of the victim born after his or her death.
(e) "Economic loss" means economic detriment consisting only of allowable expense, work loss and replacement services loss. If criminally injurious conduct causes death, economic loss includes a dependent's economic loss and a dependent's replacement services loss. Noneconomic detriment is not economic loss, however, economic loss may be caused by pain and suffering or physical impairment. For purposes of this article, the term "economic loss" includes a lost scholarship as defined in this section.
(f) (1) "Allowable expense" means reasonable charges incurred or to be incurred for reasonably needed products, services and accommodations, including those for medical care, mental health counseling, prosthetic devices, eye glasses, dentures, rehabilitation and other remedial treatment and care.
(f) "Allowable expense" includes the following:
(1) Reasonable charges incurred or to be incurred for reasonably needed products, services and accommodations including those for medical care, mental health counseling, prosthetic devices, eye glasses, dentures, rehabilitation and other remedial treatment and care but does not include that portion of a charge for a room in a hospital, clinic, convalescent home, nursing home or other institution engaged in providing nursing care and related services which is in excess of a reasonable and customary charge for semiprivate accommodations unless accommodations other than semiprivate accommodations are medically required;
(2) Allowable expense includes A total charge not in excess of $7,000 $10,000 for expenses in any way related to funerals, cremations and burials; It does not include that portion of a charge for a room in a hospital, clinic, convalescent home, nursing home or any other institution engaged in providing nursing care and related services in excess of a reasonable and customary charge for semiprivate accommodations unless accommodations other than semiprivate accommodations are medically required.
(3) Allowable expense also includes:
(A) (3) A charge, not to exceed five thousand dollars $10000, for cleanup of real property damaged by a methamphetamine laboratory or a charge not to exceed $1000 for any other crime scene cleanup;
(B) (4) Victim relocation costs not to exceed $2000;
(C) (5) Reasonable travel expenses not to exceed $1000 for a claimant to attend court proceedings that are conducted for the prosecution of the offender;
(D) (6) Reasonable travel expenses for a claimant to return a person who is a minor or incapacitated adult who has been unlawfully removed from this state to another state or country if the removal constitutes a crime under the laws of this state Reasonable travel expenses to another state for that purpose may not exceed $2,000 and reasonable travel expenses for that purpose to another county may not exceed $3,000; and which may not exceed $2,000 for expenses to another state or $3,000 to another country; and
(E) (7) Reasonable travel expenses for the transportation of a victim to and from a medical facility.
(g) "Work loss" means loss of income from work that the injured person would have performed if he or she had not been injured and expenses reasonably incurred or to be incurred by him or her to obtain services in lieu of those he or she would have performed for income. "Work loss" is reduced by any income from substitute work actually performed or to be performed by him or her or by income he or she would have earned in available appropriate substitute work that he or she was capable of performing but unreasonably failed to undertake. "Work loss" also includes loss of income from work by the parent or legal guardian of a minor victim who must miss work to take care of the minor victim.
(h) "Replacement services loss" means expenses reasonably incurred or to be incurred in obtaining ordinary and necessary services in lieu of those the injured person would have performed not for income but for the benefit of himself or herself or his or her family if he or she had not been injured. "Replacement services loss" does not include services an injured person would have performed to generate income.
(i) "Dependent's economic loss" means loss after a victim's death of contributions or things of economic value to his or her dependents not including but does not include services they would have received from the victim if he or she had not suffered the fatal injury. less expenses of the dependents avoided by reason of the victim's death. This amount is reduced by expenses avoided by the dependent due to the victim's death.
(j) "Dependent's replacement service loss" means loss reasonably incurred or to be incurred by dependents after a victim's death in obtaining ordinary and necessary services in lieu of those the victim would have performed for their benefit if he or she had not suffered the fatal injury. less expenses of the dependents avoided by reason of the victim's death and not This amount is reduced by expenses avoided due to the victim's death but which are not already subtracted in calculating a dependent's economic loss.
(k) "Victim" means the following:
(1)
A person who suffers personal injury or death as a result of any one of the following:
(1) (A) Criminally injurious conduct;
(2) (B) The good faith effort of the person to prevent criminally injurious conduct; or
(3) (C) The good faith effort of the person to apprehend a person that the injured person has observed engaging in criminally injurious conduct or who the injured person has reasonable cause to believe has engaged in criminally injurious conduct immediately prior to the attempted apprehension. "Victim" includes the owner of real property damaged by the operation of a methamphetamine laboratory.
(2) The owner of real property damaged by the operation of a methamphetamine laboratory which operation was without his or her knowledge or consent.
(l) "Contributory misconduct" means any conduct of the claimant or of the victim through whom the claimant claims an award that is unlawful or intentionally tortious and that, without regard to the conduct's proximity in time or space to the criminally injurious conduct, has a causal relationship to the criminally injurious conduct that is the basis of the claim and shall also include includes the voluntary intoxication of the claimant, either by the consumption of alcohol or the use of any controlled substance, when the intoxication has a causal connection or relationship to the injury sustained.
(m) "Lost scholarship" means a scholarship, academic award, stipend or other monetary scholastic assistance which had been awarded or conferred upon a victim in conjunction with a post- secondary school educational program and which the victim is unable to receive or use, in whole or in part, due to injuries received from criminally injurious conduct.
The bill (Eng. Com. Sub. for H. B. No. 2818), as amended, was then ordered to third reading.
Eng. Com. Sub. for House Bill No. 2876, Expanding eligibility for subsidies to enrollees in the model health plan.
On second reading, coming up in regular order, was read a second time and ordered to third reading.
Eng. House Bill No. 2971, Relating to the definition of the term "durable medical equipment".
On second reading, coming up in regular order, was read a second time.
At the request of Senator Stollings, and by unanimous consent, the bill was advanced to third reading with the right for amendments to be considered on that reading.
The end of today's second reading calendar having been reached, the Senate returned to the consideration of
Eng. House Bill No. 2765, Relating to the retirement plans administered by the West Virginia Consolidated Public Retirement Board.
Having been read a third time in earlier proceedings today, and now coming up in deferred order, was again reported by the Clerk.
The question being "Shall Engrossed House Bill No. 2765 pass?"
On the passage of the bill, the yeas were: Beach, Boley, Browning, D. Facemire, K. Facemyer, Fanning, 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)--29.
The nays were: None.
Absent: Barnes, Chafin, Edgell, Green and Tomblin (Mr. President)--5.
So, a majority of all the members present and voting having voted in the affirmative, the Acting President declared the bill (Eng. H. B. No. 2765) passed with its title.
Senator Unger moved that the bill take effect from passage.
On this question, the yeas were: Beach, Boley, Browning, D. Facemire, K. Facemyer, Fanning, 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)--29.
The nays were: None.
Absent: Barnes, Chafin, Edgell, Green and Tomblin (Mr. President)--5.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the Acting President declared the bill (Eng. H. B. No. 2765) takes effect from passage.
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:
Eng. Com. Sub. for House Bill No. 2550, Interstate Compact on Educational Opportunity for Military Children.
Eng. Com. Sub. for House Bill No. 2757, Providing for evaluation of professional personnel in the public schools.
Eng. Com. Sub. for House Bill No. 2863, Providing for the costs of disability physical and/or mental examinations approved by the Consolidated Public Retirement Board under the West Virginia State Police plan.
Eng. Com. Sub. for House Bill No. 2946, Requiring the issuance of a lawful prescription for dispensing drug products containing chemical precursors of methamphetamine.
Eng. House Bill No. 3075, Increasing the time period in the hold-harmless provision when distributing state aid to local health departments.
And,
Eng. Com. Sub. for House Bill No. 3094, Requiring the Secretary of the Department of Health and Human Services to use existing department funds to develop a program to compensate employees for personal property loss.
At the request of Senator Unger, and by unanimous consent, the Senate returned to the fourth order of business.
Senator Plymale, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration
Senate Concurrent Resolution No. 36, Requesting Joint Committee on Government and Finance study educational and communication barriers facing children deaf or hard of hearing.
And reports the same back with the recommendation that it be adopted; but under the original double committee reference first be referred to the Committee on Rules.
Respectfully submitted,
Robert H. Plymale,
Chair.
The resolution, under the original double committee reference, was then referred to the Committee on Rules.
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. 53, Requesting DOH name bridge number 30-3/5-3.01, in Mingo County, "Brittany Nicole Dentro Memorial Bridge".
And reports the same back with the recommendation that it be adopted.
Respectfully submitted,
Robert D. Beach,
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. 2208, Providing for actual costs to be paid for municipal audits and reducing the cap on audits for Class IV municipalities.
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,
Herb Snyder,
Chair.
At the request of Senator Snyder, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 2208) contained in the preceding report from the Committee on Government Organization was taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee reference, was then referred to the Committee on Finance.
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. 2345, Changing the membership of the PEIA Financial Board.
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,
Herb Snyder,
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 Government Organization.
At the request of Senator Snyder, and by unanimous consent, the bill (Eng. H. B. No. 2345) 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. 2451, Relating to victim impact statements.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended.
Respectfully submitted,
Corey Palumbo,
Chair.
Senator Stollings, from the Committee on Health and Human Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under consideration
Eng. Com. Sub. for House Bill No. 2498, Relating to the practice of dentistry.
And reports the same back with the recommendation that it do pass; but under the original double committee reference first be referred to the Committee on Government Organization.
Respectfully submitted,
Ron Stollings
Chair.
At the request of Senator Snyder, as chair of the Committee on Government Organization, unanimous consent was granted to dispense with the second committee reference of the bill contained in the foregoing report from the Committee on Health and Human Resources.
At the request of Senator Stollings, and by unanimous consent, the bill (Eng. Com. Sub. for H. B. No. 2498) was taken up for immediate consideration, read a first time and ordered to second reading.
Senator Plymale, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration
Eng. Com. Sub. for House Bill No. 2500, Relating to school personnel.
And has amended same.
And,
Eng. Com. Sub. for House Bill No. 2889, Creating the "Jason Flatt Act of 2011."
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 Finance.
Respectfully submitted,
Robert H. Plymale,
Chair.
At the request of Senator Plymale, unanimous consent being granted, one of the bills (Eng. Com. Sub. for H. B. No. 2500) contained in the preceding report from the Committee on Education was taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee reference, was then referred to the Committee on Finance, with amendments from the Committee on Education pending.
Engrossed Committee Substitute for House Bill No. 2889, under the original double committee reference, was then referred to the Committee on Finance, with amendments from the Committee on Education pending.
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
Eng. Com. Sub. for House Bill No. 2513, Relating to the practice of pharmacy.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended; but under the original double committee reference first be referred to the Committee on Government Organization.
Respectfully submitted,
Ron Stollings,
Chair.
At the request of Senator Stollings, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 2513) contained in the preceding report from the Committee on Health and Human Resources was taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee reference, was then referred to the Committee on Government Organization, with amendments from the Committee on Health and Human Resources pending.
Senator Palumbo, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. Com. Sub. for House Bill No. 2539, Authorizing the West Virginia State Police to enter into agreements for certain forensic services with the Marshall University Forensic Science Center.
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 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 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. 2663, Relating to public service commissioners presiding at hearings.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended; but under the original double committee reference first be referred to the Committee on the Judiciary.
Respectfully submitted,
Herb Snyder,
Chair.
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 the bill contained in the foregoing report from the Committee on Government Organization.
At the request of Senator Snyder, and by unanimous consent, the bill (Eng. Com. Sub. for H. B. No. 2663) 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. 2745, Providing that certain information provided by insurance companies to the Insurance Commissioner is confidential.
And has amended same.
Now on second reading, having been read a first time and referred to the Committee on the Judiciary on March 4, 2011;
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. 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 has amended same.
Now on second reading, having been read a first time and referred to the Committee on the Judiciary on March 3, 2011;
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. Com. Sub. for House Bill No. 2860, Authorizing the promulgation of rules by the Governor's Committee on Crime, Delinquency and Correction.
And has amended same.
Now on second reading, having been read a first time and referred to the Committee on the Judiciary on March 4, 2011;
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. Com. Sub. for House Bill No. 2885, Allowing a guardian or conservator to be employed or in an employment contract with a behavioral health provider.
Now on second reading, having been read a first time and referred to the Committee on the Judiciary on March 4, 2011;
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. 2888, Strengthening of protections for whistleblowers of unsafe working conditions in mines.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended.
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
Eng. House Bill No. 2918, Relating to permanent business registrations.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
Senator Snyder, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration
Eng. Com. Sub. for House Bill No. 2936, Changing the date of the canvassing of votes in a primary election.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended; but under the original double committee reference first be referred to the Committee on the Judiciary.
Respectfully submitted,
Herb Snyder,
Chair.
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 the bill contained in the foregoing report from the Committee on Government Organization.
At the request of Senator Snyder, and by unanimous consent, the bill (Eng. Com. Sub. for H. B. No. 2936) was taken up for immediate consideration, read a first time and ordered to second reading.

Senator Prezioso, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Eng. Com. Sub. for House Bill No. 2949, Providing definitions of "low income" for purposes of property tax relief programs.
Now on second reading, having been read a first time and referred to the Committee on Finance on March 3, 2011;
And reports the same back with the recommendation that it 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
Eng. Com. Sub. for House Bill No. 2953, Relating to dedication of coalbed methane severance tax proceeds.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
Senator Prezioso, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Eng. House Bill No. 2993, Relating to the West Virginia Commercial Patents Incentives Tax Act.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
Senator Plymale, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration
Eng. Com. Sub. for House Bill No. 3034, Recognizing outstanding students who are top achievers in scholastic studies.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended.
Respectfully submitted,
Robert H. Plymale,
Chair.
At the request of Senator Plymale, unanimous consent being granted, the bill ( Eng. Com. Sub. for H. B. No. 3034) contained in the preceding report from the Committee on Education 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. 3054, Relating to DNA data collection.
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 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 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
Eng. Com. Sub. for House Bill No. 3105, Providing immunity from civil or criminal liability for first responders who use forced entry to a residence.
And has amended same.
And reports the same back with the recommendation that it 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. House Bill No. 3119, Increasing the expenditure limit on public service district construction and purchase contracts.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Herb Snyder,
Chair.
Senator Beach, from the Committee on Transportation and Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had under consideration
Eng. Com. Sub. for House Bill No. 3126, Requiring a railroad company to provide pesticide safety information.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended.
Respectfully submitted,
Robert D. Beach,
Chair.
At the request of Senator Beach, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 3126) contained in the preceding report from the Committee on Transportation and Infrastructure 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. House Bill No. 3134, Relating to child support enforcement.
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. 3137, Providing for additional circumstances giving rise to "state 'on' indicators" for purposes of extended unemployment compensation.
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 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 the Judiciary.
Senator Prezioso, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Eng. Com. Sub. for House Bill No. 3163, Relating to workers' compensation programs of state government entities.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
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
Eng. Com. Sub. for House Bill No. 3196, Establishing a program and procedure for certifying medications assistive persons in the health industry.
And reports the same back with the recommendation that it do pass; but under the original double committee reference first be referred to the Committee on the Judiciary.
Respectfully submitted,
Ron Stollings,
Chair.
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 the bill contained in the foregoing report from the Committee on Health and Human Resources.
At the request of Senator Stollings, and by unanimous consent, the bill (Eng. Com. Sub. for H. B. No. 3196) was taken up for immediate consideration, read a first time and ordered to second reading.

Senator Snyder, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration
Eng. Com. Sub. for House Bill No. 3204, Creating the West Virginia Enterprise Resource Planning Board and Executive Committee.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended; but under the original double committee reference first be referred to the Committee on Finance.
Respectfully submitted,
Herb Snyder,
Chair.
At the request of Senator 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 Government Organization.
At the request of Senator Snyder, and by unanimous consent, the bill (Eng. Com. Sub. for H. B. No. 3204) was taken up for immediate consideration, read a first time and ordered to second reading.
Senator Plymale, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration
Eng. Com. Sub. for House Bill No. 3225, Expanding the definition of harassment, intimidation or bullying.
And reports the same back with the recommendation that it do pass; but under the original double committee reference first be referred to the Committee on the Judiciary.
Respectfully submitted,
Robert H. Plymale,
Chair.
At the request of Senator Plymale, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 3225) contained in the preceding report from the Committee on Education was taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee reference, was then referred to the Committee on the Judiciary.
Senator 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. 3271, Relating to the distribution of state funds to volunteer fire companies and departments.
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,
Herb Snyder,
Chair.
At the request of Senator Snyder, unanimous consent being granted, the bill (Eng. H. B. No. 3271) contained in the preceding report from the Committee on Government Organization was taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee reference, was then referred to the Committee on Finance.
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. 32, The "Ensign Melvin G. Livesay Memorial Bridge".
And has amended same.
And reports the same back with the recommendation that it be adopted, as amended.
Respectfully submitted,
Robert D. Beach,
Chair.
Senator Beach, from the Committee on Transportation and Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had under consideration
House Concurrent Resolution No. 90, The "Campbell Memorial Bridge".
And reports the same back with the recommendation that it be adopted.
Respectfully submitted,
Robert D. Beach,
Chair.
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 Senator Unger, the Senate adjourned until tomorrow, Wednesday, March 9, 2011, at 11 a.m.
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