Senate Daily Journal (2024)

WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

EIGHTIETH LEGISLATURE

REGULAR SESSION, 2012

FORTY-FOURTH DAY

____________

Charleston, W. Va., Thursday, February 23, 2012

The Senate met at 11 a.m.

(Senator Kessler, Mr. President, in the Chair.)

Prayer was offered by Dr. D. W. Cummings, Senior Pastor,Bethlehem Apostolic Temple, Wheeling, West Virginia.

Pending the reading of the Journal of Wednesday, February 22,2012,

On motion of Senator Unger, the Journal was approved and thefurther reading thereof dispensed with.

At the request of Senator Unger, and by unanimous consent, theprovisions of rule number fifty-four of the Rules of the Senate,relating to persons entitled to the privileges of the floor, weresuspended in order to grant Kinsley Rhea Facemyer, granddaughter ofthe Honorable Karen L. Facemyer, a senator from the fourthdistrict, privileges of the floor for the day.

The Senate proceeded to the second order of business and theintroduction of guests.

The Senate then proceeded to the third order of business.

A message from The Clerk of the House of Delegates announcedthe concurrence by that body in the adoption of

Com. Sub. for Senate Concurrent Resolution No. 19, RequestingDOH name bridge in Wetzel County "Lt. Howard R. 'Bob' CrothersMemorial Bridge”.

A message from The Clerk of the House of Delegates announcedthe passage by that body and requested the concurrence of theSenate in the passage of

Eng. House Bill No. 4126--A Bill to amend and reenact §18B-17-2 and §18B-17-3 of the Code of West Virginia, 1931, as amended, allrelating to higher education; legislative rules; authorizing a rulefor the Higher Education Policy Commission regarding tuition andfees; and authorizing a rule for the Council for Community andTechnical College Education regarding the Workforce DevelopmentInitiative Program and tuition and fees.

Referred to the Committee on Education.

A message from The Clerk of the House of Delegates announcedthe passage by that body, to take effect from passage, andrequested the concurrence of the Senate in the passage of

Eng. Com. Sub. for House Bill No. 4139--A Bill to amend andreenact article 9, chapter 64 of the Code of West Virginia, 1931,as amended, relating generally to the promulgation ofadministrative rules by the various executive or administrativeagencies and the procedures relating thereto; legislative mandateor authorization for the promulgation of certain legislative rules;authorizing certain of the agencies to promulgate certainlegislative rules in the form that the rules were filed in theState Register; authorizing certain of the agencies to promulgatecertain legislative rules with various modifications presented toand recommended by the Legislative Rule-Making Review Committee;authorizing certain of the agencies to promulgate certainlegislative rules as amended by the Legislature; authorizingcertain of the agencies to promulgate certain legislative ruleswith various modifications presented to and recommended by theLegislative Rule-Making Review Committee and as amended by theLegislature; authorizing the Board of Dental Examiners topromulgate a legislative rule relating to fees established by theBoard; authorizing the Board of Accountancy to promulgate alegislative rule relating to the Board and rules of professionalconduct; authorizing the Massage Therapy Licensure Board topromulgate a legislative rule relating to general provisions;authorizing the Massage Therapy Licensure Board to promulgate alegislative rule relating to a schedule of fees; authorizing theBoard of Medicine to promulgate a legislative rule relating to theformation and approval of professional limited liability companies;authorizing the Human Rights Commission to promulgate a legislativerule relating to housing discrimination against persons withdisabilities who utilize assistance animals; authorizing the StateAuditor to promulgate a legislative rule relating to thetransaction fee and rate structure; authorizing the Commissioner ofa*griculture to promulgate a legislative rule relating to theinspection of meat and poultry; authorizing the Commissioner ofa*griculture to promulgate a legislative rule relating to thelabeling of imported honey, honey products or honey bee by-productsand adulterated honey, honey products or honey bee by-products;authorizing the Commissioner of Agriculture to promulgate alegislative rule relating to nutrient management certification;authorizing the Board of Barbers and Cosmetologists to promulgatea legislative rule relating to the procedures, criteria andcurricula for examinations and licensure of barbers,cosmetologists, manicurists and aestheticians; authorizing theBoard of Barbers and Cosmetologists to promulgate a legislativerule relating to licensing schools of barbering and beauty culture;authorizing the Board of Barbers and Cosmetologists to promulgatea legislative rule relating to shampoo assistants; authorizing theCourthouse Facilities Improvement Authority to promulgate alegislative rule relating to the Courthouse Facilities ImprovementFund; authorizing the Secretary of State to promulgate alegislative rule relating to the Vote-by-Mail Pilot Project Phase2: Voting by Mail; authorizing the Secretary of State to promulgatea legislative rule relating to the general management andpreservation of state records; authorizing the Board ofProfessional Surveyors to promulgate a legislative rule relating tothe examination and licensing of professional surveyors in WestVirginia; authorizing the Nursing Home Administrators LicensingBoard to promulgate a legislative rule relating to nursing homeadministrators; authorizing the Board of Occupational Therapy topromulgate a legislative rule relating to fees for servicesrendered by the Board; authorizing the Board of Osteopathy topromulgate a legislative rule relating to licensing procedures forosteopathic physicians; authorizing the Board of Pharmacy topromulgate a legislative rule relating to immunizationsadministered by pharmacists; authorizing the Board of Pharmacy topromulgate a legislative rule relating to the Uniform ControlledSubstances Act; authorizing the Board of Pharmacy to promulgate alegislative rule relating to continuing education for the licensureof pharmacists; and authorizing the Board of Pharmacy to promulgatea legislative rule relating to the licensure of wholesale drugdistributors.

Referred to the Committee on the Judiciary.

A message from The Clerk of the House of Delegates announcedthe passage by that body, to take effect from passage, andrequested the concurrence of the Senate in the passage of

Eng. Com. Sub. for House Bill No. 4220--A Bill to amend andreenact article 10, chapter 64 of the Code of West Virginia, 1931,as amended, all relating generally to the promulgation ofadministrative rules by the Department of Commerce; legislativemandate or authorization for the promulgation of certainlegislative rules by various executive or administrative agenciesof the state; authorizing certain of the agencies to promulgatecertain legislative rules in the form that the rules were filed inthe State Register; authorizing certain of the agencies topromulgate certain legislative rules with various modificationspresented to and recommended by the Legislative Rule-Making ReviewCommittee; authorizing certain of the agencies to promulgatecertain legislative rules as amended by the Legislature;authorizing certain of the agencies to promulgate certainlegislative rules with various modifications presented to andrecommended by the Legislative Rule-Making Review Committee and asamended by the Legislature; authorizing the Development Office topromulgate a legislative rule relating to brownfield economicdevelopment districts; authorizing the Development Office topromulgate a legislative rule relating to the use of coalbedmethane severance tax proceeds; authorizing the Board ofRegistration for Foresters to promulgate a legislative rulerelating to the certification of registered foresters; authorizingthe Board of Registration for Foresters to promulgate a legislativerule relating to a schedule of fees; authorizing the Board ofRegistration for Foresters to promulgate a legislative rulerelating to a code of ethics; authorizing the Division of Forestryto promulgate a legislative rule relating to sediment controlduring commercial timber-harvesting operations - licensing;authorizing the Division of Forestry to promulgate a legislativerule relating to sediment control during commercial timber-harvesting operations - logger certification; authorizing theDivision of Labor to promulgate a legislative rule relating to theZipline and Canopy Tour Responsibility Act; authorizing theDivision of Labor to promulgate a legislative rule relating to theAmusem*nt Rides and Amusem*nt Attractions Safety Act; authorizingthe Division of Labor to promulgate a legislative rule relating tothe supervision of elevator mechanics and apprentices; authorizingthe Office of Miners’ Health, Safety and Training to promulgate alegislative rule relating to the application process for the WestVirginia Innovative Mine Safety Technology Tax Credit Act;authorizing the Division of Natural Resources to promulgate alegislative rule relating to special boating; authorizing theDivision of Natural Resources to promulgate a legislative rulerelating to special motor boating; authorizing the Division ofNatural Resources to promulgate a legislative rule relating tohunting, trapping and fishing; authorizing the Division of NaturalResources to promulgate a legislative rule relating to defining theterms used in all hunting and trapping; authorizing the Division ofNatural Resources to promulgate a legislative rule relating toprohibitions when hunting and trapping; authorizing the Division ofNatural Resources to promulgate a legislative rule relating togeneral trapping; and authorizing the Division of Natural Resourcesto promulgate a legislative rule relating to general trapping.

Referred to the Committee on the Judiciary.

A message from The Clerk of the House of Delegates announcedthe adoption by that body and requested the concurrence of theSenate in the adoption of

House Concurrent Resolution No. 19--Requesting the Division ofHighways name the bridges on the north and south bound lanes of I-79, numbered 21-79-98.57, near Weston, Lewis County, West Virginiathe “Staff Sergeant Raymond Armentrout Memorial Bridge”.

Referred to the Committee on Transportation andInfrastructure.

A message from The Clerk of the House of Delegates announcedthe adoption by that body and requested the concurrence of theSenate in the adoption of

House Concurrent Resolution No. 59--Expressing support forimprovement in the collection, processing, and consumption ofrecyclable materials throughout the State of West Virginia.

Referred to the Committee on the Judiciary.

A message from The Clerk of the House of Delegates announcedthe adoption by that body and requested the concurrence of theSenate in the adoption of

Com. Sub. for House Concurrent Resolution No. 68--Declaringthe City of Beckley’s Exhibition Coal Mine as the officialExhibition Coal Mine of West Virginia.

Referred to the Committee on Government Organization.

A message from The Clerk of the House of Delegates announcedthe adoption by that body and requested the concurrence of theSenate in the adoption of

House Concurrent Resolution No. 72--Requesting the Division ofHighways to name the Big Tee Bridge at Crystal Springs in Elkins,Randolph County, bridge number 42-14-0.06, the “Tim Belt MemorialBridge”.

Referred to the Committee on Transportation andInfrastructure.

A message from The Clerk of the House of Delegates announcedthe adoption by that body and requested the concurrence of theSenate in the adoption of

House Concurrent Resolution No. 78--Requesting that bridgenumber 50-152-33.01 on County Route 152 near Wayne in Wayne County,West Virginia, be named the “Staff Sergeant Sidney H. BlankenshipMemorial Bridge”.

Referred to the Committee on Transportation andInfrastructure.

The Senate proceeded to the fourth order of business.

Senator Prezioso, from the Committee on Finance, submitted thefollowing report, which was received:

Your Committee on Finance has had under consideration

Com. Sub. for Senate Joint Resolution No. 9, Proposingconstitutional amendment designated Boy Scouts and Other NonprofitYouth Organization Tax Exemption Support Amendment.

And reports the same back with the recommendation that it beadopted.

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 underconsideration

Com. Sub. for Senate Bill No. 135, Considering militarytraining, experience and education toward professional oroccupational licensure qualifications.

And reports the same back with the recommendation that it dopass.

Respectfully submitted,

Herb Snyder,

Chair.

Senator Palumbo, from the Committee on the Judiciary,submitted the following report, which was received:

Your Committee on the Judiciary has had under consideration

Senate Bill No. 139, Making failure to wear safety beltsprimary offense.

And reports the same back with the recommendation that it dopass.

Respectfully submitted,

Corey Palumbo,

Chair.

Senator Palumbo, from the Committee on the Judiciary,submitted the following report, which was received:

Your Committee on the Judiciary has had under consideration

Com. Sub. for Senate Bill No. 340 (originating in theCommittee on Education), Requiring SSAC propose legislative rulesrelating to concussions and head injuries.

And reports back a committee substitute for same with thefollowing title:

Com. Sub. for Com. Sub. for Senate Bill No. 340 (originatingin the Committee on the Judiciary)--A Bill to amend the Code ofWest Virginia, 1931, as amended, by adding thereto a new section,designated §18-2-25a, relating to providing findings by Legislatureregarding concussions and head injuries; defining “interscholasticathletes”; requiring the West Virginia Secondary Schools ActivitiesCommission to promulgate rules that address concussions and headinjuries in interscholastic athletes; setting forth minimumprovisions to be included in the rules; and exempting volunteerhealth care provider from liability in certain instances.

With the recommendation that the committee substitute forcommittee substitute do pass.

Respectfully submitted,

Corey Palumbo,

Chair.

Senator Snyder, from the Committee on Government Organization,submitted the following report, which was received:

Your Committee on Government Organization has had underconsideration

Senate Bill No. 365, Increasing membership of PEIA FinanceBoard.

And has amended same.

And reports the same back with the recommendation that it dopass, as amended.

Respectfully submitted,

Herb Snyder,

Chair.

Senator Snyder, from the Committee on Government Organization,submitted the following report, which was received:

Your Committee on Government Organization has had underconsideration

Senate Bill No. 381, Creating WV Buy American Act.

And reports back a committee substitute for same with thefollowing title:

Com. Sub. for Senate Bill No. 381 (originating in theCommittee on Government Organization)--A Bill to amend and reenact§5-19-1, §5-19-2, §5-19-3 and §5-19-4 of the Code of West Virginia,1931, as amended; and to amend said code by adding thereto threenew sections, designated §5-19-5, §5-19-6 and §5-19-7, all relatingto creating the West Virginia Buy American Act; defining terms;requiring public agency construction contracts for public buildingsor public works which utilize state grants or state loans tofinance all or part of the construction costs contain a provisionrequiring that the iron, steel, manufactured goods, coal and timberused or supplied for the project be manufactured or produced in theUnited States; permitting waivers; exceptions; violations; andlimitations.

And,

Senate Bill No. 627, Increasing salaries of State Policecriminalists and civilian employees.

And reports back a committee substitute for same with thefollowing title:

Com. Sub. for Senate Bill No. 627 (originating in theCommittee on Government Organization)--A Bill to amend and reenact§15-2-7 of the Code of West Virginia, 1931, as amended, relating tothe State Police; increasing the salary of forensic lab employees;and increasing the salary of general civilian employees.

With the recommendation that the two committee substitutes dopass; but under the original double committee references first bereferred to the Committee on Finance.

Respectfully submitted,

Herb Snyder,

Chair.

At the request of Senator Snyder, unanimous consent beinggranted, the bills (Com. Sub. for S. B. Nos. 381 and 627) containedin the preceding report from the Committee on GovernmentOrganization were each taken up for immediate consideration, reada first time, ordered to second reading and, under the originaldouble committee references, were then referred to the Committee onFinance.

Senator Prezioso, from the Committee on Finance, submitted thefollowing report, which was received:

Your Committee on Finance has had under consideration

Senate Bill No. 386, Clarifying entities included inwater's-edge group for income tax purposes.

With amendments from the Committee on the Judiciary pending;

And reports the same back with the recommendation that it dopass as amended by the Committee on the Judiciary to which the billwas first referred.

Respectfully submitted,

Roman W. Prezioso, Jr.,

Chair.

At the request of Senator Prezioso, unanimous consent beinggranted, the bill (S. B. No. 386) contained in the preceding reportfrom the Committee on Finance was taken up for immediateconsideration, 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 underconsideration

Senate Bill No. 387, Requiring training of floodplainmanagers.

And reports back a committee substitute for same with thefollowing title:

Com. Sub. for Senate Bill No. 387 (originating in theCommittee on Government Organization)--A Bill to amend and reenact§15-5-20 of the Code of West Virginia, 1931, as amended; and toamend said code by adding thereto a new section, designated§15-5-20a, all relating to disaster prevention; eliminating therequirement that the Office of Emergency Services report to theWest Virginia Disaster Recovery Board on debris that may cause anobstruction during disasters; requiring all floodplain managers tocomplete yearly training; and providing that another manager maytake over the responsibilities of a manager who has not completedthe required training.

Senate Bill No. 399, Renaming Board of Insurance AgentEducation to Board of Insurance Producer Education; otherprovisions.

And reports back a committee substitute for same with thefollowing title:

Com. Sub. for Senate Bill No. 399 (originating in theCommittee on Government Organization)--A Bill to amend and reenact§33-12-7 and §33-12-8 of the Code of West Virginia, 1931, asamended, all relating to education for insurance producers;renaming the Board of Insurance Agent Education; revising certainmembership requirements of the Board of Insurance ProducerEducation; providing for payment of certain expenses of boardmembers; revising role of the board; continuing education;exempting certain insurance producers from continuing educationrequirements; reducing period in which a producer whose license hasbeen suspended for noncompliance with continuing educationrequirements may demonstrate compliance; and permitting theInsurance Commissioner to propose a rule to change certain fees.

And,

Senate Bill No. 621, Requiring DOH concurrence that majorsubdivisions or land developments provide sufficient access.

And reports back a committee substitute for same with thefollowing title:

Com. Sub. for Senate Bill No. 621 (originating in theCommittee on Government Organization)--A Bill to amend and reenact§8A-5-6 and §8A-5-7 of the Code of West Virginia, 1931, as amended,all relating to the approval of major subdivision or landdevelopment plans and plats; and requiring a letter from theDivision of Highways stating there is sufficient access to stateroads.

With the recommendation that the three committee substitutesdo pass.

Respectfully submitted,

Herb Snyder,

Chair.

Senator Palumbo, from the Committee on the Judiciary,submitted the following report, which was received:

Your Committee on the Judiciary has had under consideration

Senate Bill No. 417, Establishing right to disposition ofdeceased's remains.

And reports the same back with the recommendation that it dopass.

Respectfully submitted,

Corey Palumbo,

Chair.

Senator Palumbo, from the Committee on the Judiciary,submitted the following report, which was received:

Your Committee on the Judiciary has had under consideration

Senate Bill No. 435, Relating to nursing home residents'personal funds conveyance upon death.

And reports back a committee substitute for same with thefollowing title:

Com. Sub. for Senate Bill No. 435 (originating in theCommittee on the Judiciary)--A Bill to amend and reenact §16-5C-18of the Code of West Virginia, 1931, as amended, relating to theconveyance of personal funds upon death of nursing home residents.

With the recommendation that the committee substitute do pass.

Respectfully submitted,

Corey Palumbo,

Chair.

Senator Prezioso, from the Committee on Finance, submitted thefollowing report, which was received:

Your Committee on Finance has had under consideration

Com. Sub. for Senate Bill No. 521, Relating to subrogationrights of PEIA.

And reports the same back with the recommendation that it dopass.

Respectfully submitted,

Roman W. Prezioso, Jr.,

Chair.

At the request of Senator Prezioso, unanimous consent beinggranted, the bill (Com. Sub. for S. B. No. 521) contained in thepreceding report from the Committee on Finance was taken up forimmediate consideration, read a first time and ordered to secondreading.

Senator Prezioso, from the Committee on Finance, submitted thefollowing report, which was received:

Your Committee on Finance has had under consideration

Senate Bill No. 579, Increasing special reclamation tax onclean coal mined.

And has amended same.

And reports the same back with the recommendation that it dopass, as amended.

Respectfully submitted,

Roman W. Prezioso, Jr.,

Chair.

At the request of Senator Prezioso, unanimous consent beinggranted, the bill (S. B. No. 579) contained in the preceding reportfrom the Committee on Finance was taken up for immediateconsideration, 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 underconsideration

Senate Bill No. 600, Increasing number of State Policeprincipal supervisors.

And has amended same.

And reports the same back with the recommendation that it dopass, as amended; but under the original double committee referencefirst be referred to the Committee on Finance.

Respectfully submitted,

Herb Snyder,

Chair.

At the request of Senator Snyder, unanimous consent beinggranted, the bill (S. B. No. 600) contained in the preceding reportfrom the Committee on Government Organization was taken up forimmediate consideration, read a first time, ordered to secondreading and, under the original double committee reference, wasthen referred to the Committee on Finance, with amendments from theCommittee on Government Organization pending.

Senator Palumbo, from the Committee on the Judiciary,submitted the following report, which was received:

Your Committee on the Judiciary has had under consideration

Senate Bill No. 619, Relating to annual business fees andreports due Secretary of State.

And reports the same back with the recommendation that it dopass; but under the original double committee reference first bereferred to the Committee on Finance.

Respectfully submitted,

Corey Palumbo,

Chair.

The bill, under the original double committee reference, wasthen 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 underconsideration

Senate Bill No. 623, Providing for affordable housing ratedifferential in water and sewer systems' capital improvement fees.

And reports back a committee substitute for same with thefollowing title:

Com. Sub. for Senate Bill No. 623 (originating in theCommittee on Government Organization)--A Bill to amend and reenact§24-2-2 of the Code of West Virginia, 1931, as amended, relatinggenerally to the power of the Public Service Commission to regulatepublic utilities; and authorizing the Public Service Commission topromulgate rules establishing requirements for capacity improvementfees.

With the recommendation that the committee substitute do pass;but under the original double committee reference first be referredto the Committee on the Judiciary.

Respectfully submitted,

Herb Snyder,

Chair.

At the request of Senator Snyder, unanimous consent beinggranted, the bill (Com. Sub. for S. B. No. 623) contained in thepreceding report from the Committee on Government Organization wastaken up for immediate consideration, read a first time, ordered tosecond reading and, under the original double committee reference,was then referred to the Committee on the Judiciary.

Senator Prezioso, from the Committee on Finance, submitted thefollowing report, which was received:

Your Committee on Finance has had under consideration

Senate Bill No. 650, Making supplementary appropriation fromGeneral Revenue to DHHR--Division of Human Services.

And reports the same back with the recommendation that it dopass.

Respectfully submitted,

Roman W. Prezioso, Jr.,

Chair.

At the request of Senator Prezioso, unanimous consent beinggranted, the bill (S. B. No. 650) contained in the preceding reportfrom the Committee on Finance was taken up for immediateconsideration, 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 underconsideration

Senate Bill No. 655, Allowing licensure of certainveterinarians by endorsem*nt.

And reports the same back with the recommendation that it dopass.

Respectfully submitted,

Herb Snyder,

Chair.

Senator Klempa, from the Committee on Interstate Cooperation,submitted the following report, which was received:

Your Committee on Interstate Cooperation has had underconsideration

Eng. Com. Sub. for House Bill No. 4390, Uniform Power ofAttorney Act.

And has amended same.

And reports the same back with the recommendation that it dopass, as amended; but under the original double committee referencefirst be referred to the Committee on the Judiciary.

Respectfully submitted,

Orphy Klempa,

Chair.

The bill, under the original double committee reference, wasthen referred to the Committee on the Judiciary, with amendmentsfrom the Committee on Interstate Cooperation pending.

The Senate proceeded to the sixth order of business.

Senators Browning, Beach and Stollings offered the followingresolution:

Senate Concurrent Resolution No. 49--Requesting the Divisionof Highways to name County Route 0061/07 in Wyoming County, fromthe Logan County line, the “Private Floyd Cline Memorial Highway”.

Whereas, Floyd Cline was born on June 18, 1890, in Uno,Wyoming County, the son of David and Margaret Toler Cline. Thehistory of his early childhood is not generally known. Hisparticipation in World War I presents a story upon which legendsare formed. He became the first West Virginian to receive thesecond-highest award for a soldier, the Distinguished Service Crossfor extraordinary heroism, an award requiring the honoree to besaluted by the President of the United States; and

Whereas, Floyd Cline was awarded the Distinguished ServiceCross, for an act of bravery that was termed “his fearlessness” onthe Argonne Front in World War I during a fierce battle at a placecalled Tuilerie Farm near La Charmel, France. The French andAmerican forces were on a little bluff with the outer edge a cliffwith several ledges overlooking a river. They were suddenlysurprised by heavy artillery and machine gun fire. The forces wereordered to retreat. Before they could, the cliff was lined withdead and wounded soldiers, with many of their comrades knocked intothe river by falling rocks struggling with the water for theirlives. There are conflicting accounts of what next occurred, butthey all agree that Private Floyd Cline did not retreat. Instead,he apparently dived into the river and rescued approximately twentysoldiers. In spite of this act of heroism, Private Floyd Cline wasbrought up for court martial by his captain for disobeying acommand. His captain, knowing why Private Floyd Cline stayedbehind, stated that Cline’s action was one of the greatest displaysof bravery that he had ever witnessed. The captain thenrecommended that the highest honor for an act of bravery beconferred upon Private Floyd Cline and the case was dismissed; and

Whereas, Private Floyd Cline was asked to go to Washington, D.C. shortly after his return from the war in 1919 to receive hismedal. He refused; and he did not respond to letters fromWashington to come and receive the medals and military honors. Years later, Floyd Cline supposedly explained his reasons forrefusing the honors because he did not like the high cost of foodin Washington nor having to stand at attention for three hours uponhis return to the States. He is reported as having said that“They’d never get him back in that town for a million medals”. However, it has been opined that Private Floyd Cline having beenbrought up among the hills believed that he was right in hisrefusal and he had a sense of appreciation that did not require anarray of medals. Private Floyd Cline is buried in Morgan Cemeteryat Long Branch, Wyoming County. He belonged to a bygone era andheld to a philosophy where the cardinal virtues reign supreme. When asked if he would enlist if there was another war, PrivateFloyd Cline said “Yep, I’ll join every time they start one”. Hewas a soldier who did not want to stand at attention again andnever received, during his lifetime, the proper attribution for hisbravery in France. His dedication and commitment to his state andcountry serve as a great example and reminder to us all and shouldnot go unnoticed; therefore, be it

Resolved by the Legislature of West Virginia:

That the Legislature hereby requests the Division of Highwaysto name County Route 0061/07 in Wyoming County, from the LoganCounty line, the “Private Floyd Cline Memorial Highway”; and, be it

Further Resolved, That the Division of Highways is herebyrequested to have made and be placed signs identifying this sectionof highway as the “Private Floyd Cline Memorial Highway”; and, beit

Further Resolved, That the Clerk of the Senate is herebydirected to forward a copy of this resolution to the Secretary ofthe Department of Transportation and to the surviving family ofPrivate Floyd Cline.

Which, under the rules, lies over one day.

Senators Beach, Stollings and Prezioso offered the followingresolution:

Senate Concurrent Resolution No. 50--Requesting the Divisionof Highways to name bridge number 31-68-9.40 on Interstate 68crossing Cheat Lake, Monongalia County, West Virginia, the “Lt.Col. Carroll Baxter Lilly Memorial Bridge”.

Whereas, Carroll Baxter Lilly was born December 1, 1938, toparents Mildred A. and Raymond P. Lilly; and

Whereas, Carroll Baxter Lilly was the son of a coal companymine foreman and a public school teacher and the younger brother ofJan Hylton Lilly; and

Whereas, Carroll Baxter Lilly was raised in various miningcommunities of Logan County and attended school in Gilbert, Omarand later, Morgantown, West Virginia where he moved with the familywhen the father began working for Pittsburgh Consolidated CoalCompany; and

Whereas, Carroll Baxter Lilly entered his sophom*ore year atMorgantown High School, where his main interests were mathematics,mechanical drawing, science and machine shop; and

Whereas, Carroll Baxter Lilly worked during high school yearsat Marv’s Pizza shop on Campus Drive in the Sunnyside area ofMorgantown and, after graduating from Morgantown High School in1958, managed the shop for a short period; and

Whereas, Carroll Baxter Lilly joined the United States AirForce, and after earning high scores on aptitude tests, was trainedas a navigator, commissioned a Second Lieutenant, and assigned toSchilling Air Force Base, Kansas; and

Whereas, Carroll Baxter Lilly rose through the ranks in theAir Force, and during the Vietnam War, was classified as a pilotand promoted to the rank of Lieutenant Colonel; and

Whereas, During a tour of duty Lt. Col. Carroll Baxter Lillywas shot down in southern Laos on April 9, 1971; and

Whereas, The body of Lt. Col. Carroll Baxter Lilly was neverfound; and

Whereas, Lt. Col. Carroll Baxter Lilly was awarded a PurpleHeart (Posthumously), Distinguished Flying Cross with one oak leafcluster, Air Medal with two oak leaf clusters, Air ForceCommendation Medal, Combat Readiness Medal, Good Conduct Medal,Vietnam Service Medal and Small Arms Expert Marksman Ribbon; and

Whereas, It is fitting that an enduring memorial to Lt. Col.Carroll Baxter Lilly be established in recognition of hisoutstanding service in the United States Air Force, his devotion toduty and his supreme sacrifice for his country; therefore, be it

Resolved by the Legislature of West Virginia:

That the Legislature hereby requests the Division of Highwaysto name bridge number 31-68-9.40 on Interstate 68 crossing CheatLake, Monongalia County, West Virginia, the “Lt. Col. CarrollBaxter Lilly Memorial Bridge”; and, be it

Further Resolved, That the Commissioner of the Division ofHighways is hereby requested to erect signs at both ends of thebridge containing bold and prominent letters proclaiming the bridgethe “Lt. Col. Carroll Baxter Lilly Memorial Bridge”; and, be it

Further Resolved, That the Clerk of the Senate is herebydirected to forward a copy of this resolution to the Commissionerof the Division of Highways, and to Mr. Jan H. Lilly, 5104 BlackDiamond Ct., Raleigh, NC 27604.

Which, under the rules, lies over one day.

Senators Jenkins and Plymale offered the following resolution:

Senate Resolution No. 40--Urging the United States Army Corpsof Engineers to complete all preservation and restoration work atthe General Albert Gallatin Jenkins House, so that it may be openedto the public.

Whereas, The General Albert Gallatin Jenkins House, inGreenbottom, Cabell County, has a significant historicalimportance; and

Whereas, The United States Army Corps of Engineers (USACE)appears to be taking steps to close the site during our nation’sSesquicentennial Commemoration of The Civil War; and

Whereas, The Water Resources Development Act of 2000 (WRDA)required the United States Army Corps of Engineers to ensure thepreservation and restoration of the structure known as the ‘JenkinsHouse’ located in Cabell County in accordance with standards forsites listed on the National Register of Historic Places; and

Whereas, The United States Army Corps of Engineers appears tohave not completed all the preservation work required of it bystatute, including the replacement/repair of the floor joistssupporting the first floor, which may be unsafe for groups ofvisitors; and

Whereas, The United States Army Corps of Engineers appears tohave failed to do the restoration of the structure, work which wasrequired by the Water Resources Development Act of 2000legislation; therefore, be it

Resolved by the Senate:

That the Senate hereby urges the United States Army Corps ofEngineers to complete all preservation and restoration work at theGeneral Albert Gallatin Jenkins House, so that it may be opened tothe public; and, be it

Further Resolved, That the Clerk is hereby directed to forwarda copy of this resolution to the United States Army Corps ofEngineers and to West Virginia’s congressional delegation.

At the request of Senator Jenkins, unanimous consent beinggranted, the resolution was taken up for immediate consideration,reference to a committee dispensed with, and adopted.

Thereafter, at the request of Senator Plymale, and byunanimous consent, the remarks by Senator Jenkins regarding theadoption of Senate Resolution No. 40 were ordered printed in theAppendix to the Journal.

Senators Unger, Plymale, Prezioso, Laird, Stollings, Klempa,Snyder and Kessler (Mr. President) offered the followingresolution:

Senate Resolution No. 41--Congratulating the Martinsburg HighSchool football team for winning the 2011 West Virginia State AAAChampionship.

Whereas, The Bulldogs completed an amazing 2011 footballseason, finishing with a perfect record of 13-0 and winning theClass AAA state championship game for the second consecutive year;and

Whereas, The Bulldogs are led by head coach David Walker, andassistant coaches Brian Sine, Buddy Hesen, Britt Sherman, KevinJenkins, Dave Lopez, Jason Thomason, Mark Ostrowski, and JarrodFurgason; and

Whereas, The Bulldogs are supported by trainer Adam Drake,statisticians Bill Harper and Frannie Dunn, videographers JohnAlderton and Rick Alderton, support staff Larry Cooper, John Reges,Nikolai Payne, Brian Phillips, Rob Jones, manager Hunter Jones andteam doctors Brittany Gusic, Tom Knutson and Bill Wear; and

Whereas, The Bulldog cheerleaders, coached by Krista Ematrudo,are Kala Ames, Tori Beeman, Jasmine Burrell, Shenee Davis, KayleeReiff, Emily Rogers, Mariah Thomas, Erica Taylor, Jaida Walker,Jessica Antolini, Destiny Cutter, Tamara Davis, Cedrice Kenney andJackie Tassone; and

Whereas, The Bulldogs consists of players Cedric Brown, DarianPatterson, Justin Clinton, Chad Skye, Brandon Ashenfelter, ChrisPerkins, Chris Arvin, David Long, Gary Awkard, Ben Zieger, ToryLee, Terrance Joseph, Justin Ritchie, Drew Bolyard, Curtis Miller,Jake Mills, Tyler Johnson, Malique Watkins, Casey Cottrell, DillonEnright, Justin Arndt, John Reges, Dildeep Dhatt, Mike Slavinski,Jesse Snow, E. J. Slavinski, Tyler Dehaven, Marcus Burrell, TyshonSmith, Travis Stely, Jonathan Carrington, Tyler Tumblin, ChadEdwards, Eugene Hanson, Tyler Miller, Seth Vanorsdale, JonathanHaneman, Mark Fries, Luke Powell, Kyle Britner, Nick Harris, CodyJenkins, Logan Jenkins, George Van Duzer, Caleb Follero, DeanDeSana, Chris Albanese, Daiveyon Monroe, Clement Powell, JaredSartin, Jacob Roach, Caleb Engle, Anthony Zeis, Joseph Harwood,Adam Dunn, Troy Walker, Eugene German, Tyler Winston, AnthonyFrazer, Gary Noll, Ryan Weaver, A. J. Petry, DeAndre Johnson, JoseMorales, Devon Cross, DeShawn Long, Tanner Lewis, Matt Berlo, TylerBraumbaugh, Eric Brown, Daquain Everhart, Chase Heck, MitchellHenson, Deamonte Lindsey, and Eric Mitchell; and

Whereas, The Bulldog players displayed their strong will anddetermination for an entire season and will be remembered as one ofthe best teams ever assembled in West Virginia high school footballhistory; therefore, be it

Resolved by the Senate:

That the Senate hereby congratulates the Martinsburg HighSchool football team for winning the 2011 West Virginia State AAAChampionship; and, be it

Further Resolved, That the Clerk is hereby directed to forwarda copy of this resolution to the Martinsburg High School footballteam.

At the request of Senator Unger, unanimous consent beinggranted, the resolution was taken up for immediate consideration,reference to a committee dispensed with, and adopted.

On motion of Senator Unger, the Senate recessed for oneminute.

Upon expiration of the recess, the Senate reconvened andresumed business under the sixth order.

At the request of Senator Chafin, and by unanimous consent,Senator Chafin offered the following resolution from the floor:

Senate Resolution No. 42--Congratulating Ruth Ryan Lemmon forbeing selected as the 2012 Automotive Trade Association Executiveof the Year.

Whereas, Ruth Lemmon joined the West Virginia Automobile andTruck Dealers Association in 1984; and

Whereas, Ruth Lemmon currently serves the association as theirPresident; and

Whereas, Ruth Lemmon has served on the Board of Directors ofthe Automotive Trade Association Executives; and

Whereas, Ruth Lemmon is past chair of the Southern AutomotiveTrade Association Executives; and

Whereas, Ruth Lemmon was selected in 2012 by the NationalAutomobile Dealers Association as the Automotive Trade AssociationExecutive of the Year; and

Whereas, Ruth Lemmon was chosen over more than 100 othercandidates from around the entire country for her commitment to theNational Automobile Dealers Association; and

Whereas, Ruth Lemmon works tirelessly to advocate on behalf ofautomobile and truck dealers at the West Virginia Legislature andis a well respected and trusted lobbyists; and

Whereas, Ruth Lemmon’s tenacity, dedication and intelligencenot only make her an asset to the West Virginia Automobile andTruck Dealers Association but make her an asset to all of WestVirginia; therefore, be it

Resolved by the Senate:

That the Senate hereby congratulates Ruth Ryan Lemmon on herselection as the 2012 Automotive Trade Association Executive of theYear; and, be it

Further Resolved, That the Senate wishes Ruth Lemmon continuedsuccess as the President of the West Virginia Automobile and TruckDealers Association; and, be it

Further Resolved, That the Clerk is hereby directed to forwarda copy of this resolution to Ruth Ryan Lemmon and the West VirginiaAutomobile and Truck Dealers Association.

At the request of Senator Chafin, unanimous consent beinggranted, the resolution was taken up for immediate consideration,reference to a committee dispensed with, and adopted.

On motion of Senator Unger, the Senate recessed for oneminute.

Upon expiration of the recess, the Senate reconvened andresumed the business under the sixth order.

Petitions

Senator Green presented a petition from Ralph Johnson andnumerous Wyoming County residents, requesting funding for ONE VOICEin Wyoming County.

Referred to the Committee on Government Organization.

The Senate proceeded to the seventh order of business.

Com. Sub. for Senate Concurrent Resolution No. 16, RequestingDOH name bridge in Wetzel County "Ralph Ice Bridge".

On unfinished business, coming up in regular order, wasreported by the Clerk.

The question being on the adoption of the resolution, the samewas put and prevailed.

Ordered, That The Clerk communicate to the House of Delegatesthe action of the Senate and request concurrence therein.

The Senate proceeded to the eighth order of business.

Eng. Com. Sub. for Com. Sub. for Senate Bill No. 501,Requiring health insurance coverage of certain hearing aids.

On third reading, coming up in regular order, was read a thirdtime and put upon its passage.

Prior to the call of the roll, Senator Barnes moved to beexcused from voting under rule number forty-three of the Rules ofthe Senate, which motion prevailed.

On the passage of the bill, the yeas were: Beach, Boley,Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning,Foster, Green, Hall, Helmick, Jenkins, Kirkendoll, Klempa, Laird,McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder,Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost andKessler (Mr. President)--33.

The nays were: None.

Absent: None.

Excused from voting: Barnes--1.

So, a majority of all the members present and voting havingvoted in the affirmative, the President declared the bill (Eng.Com. Sub. for Com. Sub. for S. B. No. 501) passed with its title.

Ordered, That The Clerk communicate to the House of Delegatesthe action of the Senate and request concurrence therein.

Eng. Senate Bill No. 544, Extending expiration date forcertain diesel-powered motor vehicle idling restrictions.

On third reading, coming up in regular order, was read a thirdtime and put upon its passage.

On the passage of the bill, the yeas were: Barnes, Beach,Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning,Foster, Green, Hall, Helmick, Jenkins, Kirkendoll, Klempa, Laird,McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder,Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost andKessler (Mr. President)--34.

The nays were: None.

Absent: None.

So, a majority of all the members present and voting havingvoted in the affirmative, the President declared the bill (Eng. S.B. No. 544) passed with its title.

Ordered, That The Clerk communicate to the House of Delegatesthe action of the Senate and request concurrence therein.

The Senate proceeded to the ninth order of business.

Senate Bill No. 113, Observing week in which December 7 fallsas Pearl Harbor and Military Appreciation week.

On second reading, coming up in regular order, was reported bythe Clerk.

At the request of Senator Unger, unanimous consent beinggranted, further consideration of the bill was deferred until theconclusion of bills on today's second reading calendar.

Senate Bill No. 496, Modifying DEP requirement of greenhousegas emissions' inventory.

On second reading, coming up in regular order, was read asecond time and ordered to engrossment and third reading.

Com. Sub. for Senate Bill No. 551, Providing limitationexception for certain mortgage modification loans.

On second reading, coming up in regular order, was read asecond time and ordered to engrossment and third reading.

Com. Sub. for Com. Sub. for Senate Bill No. 564, CreatingAviation Fund and Fleet Management Office Fund.

On second reading, coming up in regular order, was read asecond time and ordered to engrossment and third reading.

Com. Sub. for Senate Bill No. 566, Relating to contracts withnonprofit and charitable entities for inmate work-release andtransitional housing; court-ordered direct placement.

On second reading, coming up in regular order, was read asecond time and ordered to engrossment and third reading.

Senate Bill No. 575, Repealing code related to priordisability under Emergency Medical Services Retirement System.

On second reading, coming up in regular order, was read asecond time and ordered to engrossment and third reading.

Senate Bill No. 673, Expiring funds from MAPS, Office of theSecretary and making supplementary appropriation to MAPS, Divisionof Corrections, Correctional Units.

On second reading, coming up in regular order, was read asecond time and ordered to engrossment and third reading.

Eng. House Bill No. 4087, Continuing the discontinuance of theseverance and business privilege tax on the privilege of severingtimber.

On second reading, coming up in regular order, was read asecond time and ordered to third reading.

Eng. House Bill No. 4415, Authorize a Prince Railroad StationAuthority to acquire and maintain the railroad station building.

On second reading, coming up in regular order, was read asecond time and ordered to third reading.

Eng. House Bill No. 4493, Establishing special memorial daysfor certain military veterans.

On second reading, coming up in regular order, was read asecond time.

On motion of Senator Palumbo, the following amendment to thebill was reported by the Clerk and adopted:

On page three, section one-a, lines fourteen through eighteen,by striking out all of subsection (c) and inserting in lieu thereofa new subsection, designated subsection (c), to read as follows:

(c) The Governor shall, by proclamation, declare the weekduring which December 7 falls to be a special memorial week, to beknown as Pearl Harbor and Military Appreciation week, honoring allWest Virginians who fought in World War II and all other militaryconflicts and shall encourage all municipalities in the state to dothe same. The State Department of Education is directed toimplement a program involving activities in which students shallparticipate which shall recognize the contributions West Virginianshave made to their country through service in the United Statesmilitary.

The bill (Eng. H. B. No. 4493), as amended, was then orderedto third reading.

The end of today’s second reading calendar having beenreached, the Senate returned to the consideration of

Senate Bill No. 113, Observing week in which December 7 fallsas Pearl Harbor and Military Appreciation week.

On second reading, coming up in deferred order, was againreported by the Clerk.

On motion of Senator Unger, the bill was recommitted to theCommittee on the Judiciary.

The Senate proceeded to the tenth order of business.

Com. Sub. for Com. Sub. for Senate Bill No. 110, Relating toBroadband Deployment Council.

On first reading, coming up in regular order, was read a firsttime and ordered to second reading.

Com. Sub. for Senate Bill No. 212, Creating criminal offensefor disrupting communications and public utility services.

On first reading, coming up in regular order, was read a firsttime and ordered to second reading.

Senate Bill No. 450, Removing bobcats from tag requirement.

On first reading, coming up in regular order, was reported bythe Clerk.

On motion of Senator Unger, the bill was referred to theCommittee on Rules.

Com. Sub. for Senate Bill No. 547, Relating to certaincriminal conviction expungement.

On first reading, coming up in regular order, was read a firsttime and ordered to second reading.

Senate Bill No. 596, Prohibiting child erotica.

On first reading, coming up in regular order, was read a firsttime and ordered to second reading.

Senate Bill No. 606, Relating to property forfeiture relatedto child p*rnography arrests and computer crimes.

On first reading, coming up in regular order, was read a firsttime and ordered to second reading.

And,

Senate Bill No. 646, Requiring State Board of Education studyGED issues.

On first reading, coming up in regular order, was read a firsttime and ordered to second reading.

The Senate proceeded to the eleventh order of business and theintroduction of guests.

Pending announcement of meetings of standing committees of theSenate,

On motion of Senator Unger, the Senate recessed until 4 p.m.today.

Upon expiration of the recess, the Senate reconvened and,without objection, returned to the third order of business.

Executive Communications

The Clerk then presented a communication from His Excellency,the Governor, advising that on February 23, 2012, he had approvedEnr. Committee Substitute for House Bill No. 4107.

The Senate again proceeded to the fourth order of business.

Senator Tucker, from the Joint Committee on Enrolled Bills,submitted the following report, which was received:

Your Joint Committee on Enrolled Bills has examined, foundtruly enrolled, and on the 23rd day of February, 2012, presented toHis Excellency, the Governor, for his action, the following bill,signed by the President of the Senate and the Speaker of the Houseof Delegates:

(Com. Sub. for Com. Sub. for S. B. No. 343), Providingvolunteer and part-volunteer fire departments' grace period to meeteligibility for certain funds allocation.

Respectfully submitted,

Gregory A. Tucker,

Chair, Senate Committee.

Meshea L. Poore,

Chair, House Committee.

Senator Prezioso, from the Committee on Finance, submitted thefollowing report, which was received:

Your Committee on Finance has had under consideration

Com. Sub. for Senate Bill No. 76, Creating Green BuildingsAct.

And has amended same.

And reports the same back with the recommendation that it dopass, as amended.

Respectfully submitted,

Roman W. Prezioso, Jr.,

Chair.

At the request of Senator Prezioso, unanimous consent beinggranted, the bill (Com. Sub. for S. B. No. 76) contained in thepreceding report from the Committee on Finance was taken up forimmediate consideration, read a first time and ordered to secondreading.

Senator Palumbo, from the Committee on the Judiciary,submitted the following report, which was received:

Your Committee on the Judiciary has had under consideration

Senate Bill No. 354, Relating to filling vacancies in certaincounty offices.

And reports back a committee substitute for same with thefollowing title:

Com. Sub. for Senate Bill No. 354 (originating in theCommittee on the Judiciary)--A Bill to amend and reenact §3-10-7and §3-10-8 of the Code of West Virginia, 1931, as amended, allrelating to providing for vacancies in the offices of countycommissioner, clerk of the county commission, prosecuting attorney,sheriff, assessor and surveyor; and authorizing the appointment ofa temporary successor for no more than thirty days from the date ofthe vacancy.

With the recommendation that the committee substitute do pass.

Respectfully submitted,

Corey Palumbo,

Chair.

Senator Prezioso, from the Committee on Finance, submitted thefollowing report, which was received:

Your Committee on Finance has had under consideration

Com. Sub. for Senate Bill No. 514, Deeming retailestablishments with roll-your-own cigarette machines manufacturers.

And reports the same back with the recommendation that it dopass.

Respectfully submitted,

Roman W. Prezioso, Jr.,

Chair.

At the request of Senator Prezioso, unanimous consent beinggranted, the bill (Com. Sub. for S. B. No. 514) contained in thepreceding report from the Committee on Finance was taken up forimmediate consideration, read a first time and ordered to secondreading.

Senator Stollings, from the Committee on Health and HumanResources, submitted the following report, which was received:

Your Committee on Health and Human Resources has had underconsideration

Senate Bill No. 535, Expanding certain prescriptive authorityfor chronic diseases.

And reports back a committee substitute for same with thefollowing title:

Com. Sub. for Senate Bill No. 535 (originating in theCommittee on Health and Human Resources)--A Bill to amend andreenact §30-3-16 of the Code of West Virginia, 1931, as amended; toamend and reenact §30-7-15a of said code; and to amend and reenact§30-14A-1 of said code, all relating to expanding prescriptiveauthority of advanced nurse practitioners, physician assistants andassistants to osteopathic physicians and surgeons to allow theprescribing of medications for chronic diseases for a ninety-dayperiod with three ninety-day refills.

Senate Bill No. 572, Replacing "advanced nurse practitioner"with "advanced practice registered nurse".

And reports back a committee substitute for same with thefollowing title:

Com. Sub. for Senate Bill No. 572 (originating in theCommittee on Health and Human Resources)--A Bill to amend andreenact §30-7-1 of the Code of West Virginia, 1931, as amended; toamend said code by adding thereto a new section, designated §30-7-1a; and to amend and reenact §30-7-15a, §30-7-15b and §30-7-15c ofsaid code, all relating to replacing the term “advanced nursepractitioner” with “advanced practice registered nurse”; providinga new definition; making technical corrections; providing agrandfather clause; permitting the West Virginia Board of Examinersfor Registered Professional Nurses to set an application fee; andproviding rule-making authority.

And,

Senate Bill No. 656, Requiring direct health care providerswear identification badges.

And reports back a committee substitute for same with thefollowing title:

Com. Sub. for Senate Bill No. 656 (originating in theCommittee on Health and Human Resources)--A Bill to amend the Codeof West Virginia, 1931, as amended, by adding thereto a newarticle, designated §16-1C-1, §16-1C-2, §16-1C-3, §16-1C-4,§16-1C-5, §16-1C-6 and §16-1C-7, all relating generally torequiring health care providers to wear identification badges;setting forth legislative findings and purpose; providingdefinitions; establishing identification badge requirement; settingforth exemptions; addressing enforcement; providing forapplicability; and granting rule-making authority.

With the recommendation that the three committee substitutesdo pass.

Respectfully submitted,

Ron Stollings,

Chair.

At the request of Senator Stollings, unanimous consent beinggranted, the bills (Com. Sub. for S. B. Nos. 535, 572 and 656)contained in the preceding report from the Committee on Health andHuman Resources were each taken up for immediate consideration,read a first time and ordered to second reading.

Senator Plymale, from the Committee on Education, submittedthe following report, which was received:

Your Committee on Education has had under consideration

Senate Bill No. 576, Changing school personnel transfer ordismissal notice date.

And reports back a committee substitute for same with thefollowing title:

Com. Sub. for Senate Bill No. 576 (originating in theCommittee on Education)--A Bill to amend and reenact §18A-2-2,§18A-2-6, §18A-2-7 and §18A-2-8a of the Code of West Virginia,1931, as amended; and to amend and reenact §18A-4-7a of said code,all relating to school personnel; changing certain deadlinespertaining to termination of a continuing contract, resignation,retirement, transfer and rehiring of probationary employees;changing the number of days prior to the beginning of theinstructional term for limiting the transfer of certain employees;and restricting application of certain provisions pertaining tolimiting the transfer of certain employees.

And,

Senate Bill No. 661, Relating to data sharing among stateeducation providers.

And reports back a committee substitute for same with thefollowing title:

Com. Sub. for Senate Bill No. 661 (originating in theCommittee on Education)--A Bill to amend and reenact §18B-2A-3 ofthe Code of West Virginia, 1931, as amended; and to amend andreenact §21A-10-11 of said code, all relating to the West VirginiaNetwork of Educational Telecomputing; collecting, synthesizing anddisseminating data from state agencies; improving communication andcooperation among state education providers; directinginstitutional boards of governors to cooperate in certain data-related operations; requiring certain reports and providing certainprivacy protections; setting forth certain penalties fornoncompliance; authorizing the Commissioner of WorkForce WestVirginia to share data with certain education providers; and makingcertain technical corrections.

With the recommendation that the two committee substitutes dopass.

Respectfully submitted,

Robert H. Plymale,

Chair.

Senator Minard, from the Committee on Banking and Insurance,submitted the following report, which was received:

Your Committee on Banking and Insurance has had underconsideration

Senate Bill No. 599, Relating to automobile glass replacementor repair services.

And reports back a committee substitute for same with thefollowing title:

Com. Sub. for Senate Bill No. 599 (originating in theCommittee on Banking and Insurance)--A Bill to amend and reenact§33-6D-1, §33-6D-2 and §33-6D-3 of the Code of West Virginia, 1931,as amended, all relating to use of particular companies orlocations providing automobile glass replacement or repairservices; adding third-party administrator to those who may notrequire particular companies or locations when a claim is madeunder an insurance policy; adding third-party administrators to thelist of insurers, agents and adjusters; providing that an insureror third-party administrator that has a financial interest in anautomobile glass company on a recommendation list must disclosesuch fact on the list; and providing that any list must contain atleast two different automobile glass companies.

With the recommendation that the committee substitute do pass.

Respectfully submitted,

Joseph M. Minard,

Chair.

Senator Plymale, from the Committee on Education, submittedthe following report, which was received:

Your Committee on Education has had under consideration

Eng. Com. Sub. for House Bill No. 4122, Relating toalternative programs for teacher education.

And has amended same.

And reports the same back with the recommendation that it dopass, as amended.

Respectfully submitted,

Robert H. Plymale,

Chair.

Senator Palumbo, from the Committee on the Judiciary,submitted the following report, which was received:

Your Committee on the Judiciary has had under consideration

Eng. Com. Sub. for House Bill No. 4206, Authorizing theDepartment of Transportation to promulgate legislative rules.

And has amended same.

And reports the same back with the recommendation that it dopass, as amended.

Respectfully submitted,

Corey Palumbo,

Chair.

Pending announcement of meetings of standing committees of theSenate,

On motion of Senator Unger, the Senate adjourned untiltomorrow, Friday, February 24, 2012, at 11 a.m.

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