Senate
House
Joint
Bill Status
WV Code
Audits/ Reports
Educational
Contact
home
home
SENATE (2012)(RS):| Bills Introduced | Bill History | Topical Index | Committee Schedule | Calendar | Journal | Menu |

Senate Journal


Day 1
Day 2
Day 3
Day 6
Day 7
Day 8
Day 9
Day 10
Day 13
Day 14
Day 15
Day 16
Day 17

Day 20
Day 21
Day 22
Day 23
Day 24
Day 27
Day 28
Day 29
Day 30
Day 31
Day 34
Day 35
Day 36
Day 37
Day 38
Day 41
Day 42
Day 43
Day 44
Day 45
Day 48
Day 49
Day 50
Day 51
Day 52
Day 55
Day 56
Day 57
Day 58
Day 59
Day 60
Day 61
Day 62
Day 63
Day 64
Day 65
Day 66
sdj-14th day
WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

EIGHTIETH LEGISLATURE

REGULAR SESSION, 2012

FOURTEENTH DAY

____________

Charleston, W. Va., Tuesday, January 24, 2012

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

     Prayer was offered by the Reverend Rodney Campbell, Fifth Avenue Church of God, South Charleston, West Virginia.
     Pending the reading of the Journal of Monday, January 23, 2012,
     On motion of Senator Boley, the Journal was approved and the further reading thereof dispensed with.
     The Senate proceeded to the second order of business and the introduction of guests.
     The Senate then proceeded to the third order of business.
     A message from The Clerk of the House of Delegates announced the passage by that body, to take effect from passage, and requested the concurrence of the Senate in the passage of
     Eng. Com. Sub. for House Bill No. 4078--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18B-9A-9, relating to modifying dates; changing the date for a certain calculation; and extending certain deadlines for mandated actions regarding higher education personnel.
     Referred to the Committee on Education.
     A message from The Clerk of the House of Delegates announced the passage by that body, to take effect July 1, 2012, and requested the concurrence of the Senate in the passage of
     Eng. Com. Sub. for House Bill No. 4086--A Bill to amend and reenact §11-6F-2 and §11-6F-4 of the Code of West Virginia, 1931, as amended, all relating to designating certain property as a qualified capital addition to a manufacturing facility and extending that property special valuation to the twenty-fifth year succeeding the year in which the qualified capital addition is first placed in service.
     Referred to the Committee on Finance.
     The Senate proceeded to the fourth order of business.
     Senator Prezioso, from the Committee on Finance, submitted the following report, which was received:
     Your Committee on Finance has had under consideration
     Senate Bill No. 209, Updating terms in Personal Income Tax Act.
     And,
     Senate Bill No. 210, Updating terms in Corporation Net Income Tax Act.
     And reports the same back with the recommendation that they each do pass.
                              Respectfully submitted,
                               Roman W. Prezioso, Jr.,
                               Chair.
     Senator Miller, from the Committee on Agriculture, submitted the following report, which was received:
     Your Committee on Agriculture has had under consideration
     Senate Bill No. 228, Authorizing Commissioner of Agriculture promulgate legislative rule relating to meat and poultry inspection.
     And,
     Senate Bill No. 230, Authorizing Commissioner of Agriculture promulgate legislative rule relating to nutrient management certification.
     And reports the same back with the recommendation that they each do pass; but under the original double committee references first be referred to the Committee on the Judiciary.
                              Respectfully submitted,
                               Ronald F. Miller,
                               Chair.
     The bills, under the original double committee references, were then referred to the Committee on the Judiciary.
     Senator Foster, from the Committee on Pensions, submitted the following report, which was received:
     Your Committee on Pensions has had under consideration
     Senate Bill No. 239, Authorizing CPRB promulgate legislative rule relating to PERS.
     And has amended same.
     And reports the same back with the recommendation that it do pass, as amended; but under the original triple committee reference first be referred to the Committee on Finance; and then to the Committee on the Judiciary.
                              Respectfully submitted,
                               Dan Foster,
                               Chair.
     The bill, under the original triple committee reference, was referred to the Committee on Finance; and then to the Committee on the Judiciary, with an amendment from the Committee on Pensions pending.
     Senator Foster, from the Committee on Pensions, submitted the following report, which was received:
     Your Committee on Pensions has had under consideration
     Senate Bill No. 240, Authorizing CPRB promulgate legislative rule relating to refund, reinstatement, retroactive service, loan and employer error interest factors.
     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,
                               Dan Foster,
                               Chair.
     The bill, under the original double committee reference, was then referred to the Committee on the Judiciary.
     Senator Foster, from the Committee on Pensions, submitted the following report, which was received:
     Your Committee on Pensions has had under consideration
     Senate Bill No. 241, Authorizing CPRB promulgate legislative rule relating to State Police.
     And has amended same.
     And reports the same back with the recommendation that it do pass, as amended; but under the original triple committee reference first be referred to the Committee on Finance; and then to the Committee on the Judiciary.
                              Respectfully submitted,
                               Dan Foster,
                               Chair.
     The bill, under the original triple committee reference, was referred to the Committee on Finance; and then to the Committee on the Judiciary, with an amendment from the Committee on Pensions pending.
     Senator Miller, from the Committee on Agriculture, submitted the following report, which was received:
     Your Committee on Agriculture has had under consideration
     Senate Bill No. 265, Authorizing Division of Forestry promulgate legislative rule relating to sediment control during commercial timber-harvesting operations--licensing.
     And has amended same.
     And,
     Senate Bill No. 266, Authorizing Division of Forestry promulgate legislative rule relating to sediment control during commercial timber-harvesting operations--logger certification.
     And has amended same.
     And reports the same back with the recommendation that they each do pass, as amended; but under the original triple committee references first be referred to the Committee on Finance; and then to the Committee on the Judiciary.
                              Respectfully submitted,
                               Ronald F. Miller,
                               Chair.
     The bills, under the original triple committee references, were referred to the Committee on Finance; and then to the Committee on the Judiciary, with amendments from the Committee on Agriculture pending.
     The Senate proceeded to the sixth order of business.
     On motions for leave, severally made, the following bills were introduced, read by their titles, and referred to the appropriate committees:
     By Senators Kessler (Mr. President) and Hall (By Request of the Executive):
     Senate Bill No. 390--A Bill to amend and reenact §11B-2-20 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §11B-2-20a; to amend and reenact §17-3-1 of said code; and to amend and reenact §31-15A-9 of said code, all relating to the Revenue Shortfall Reserve Fund, the Revenue Shortfall Reserve Fund - Part B and the creation of a West Virginia Infrastructure Modernization and Development Special Revenue Fund; specifying maximum aggregate funding amount for the Revenue Shortfall Reserve Fund; providing that interest and other earnings on Revenue Shortfall Reserve Fund - Part B shall be dedicated to and expended for and in support of the federal-state Medicaid program authorized by the Legislature or mandated by the federal government; providing that in, commencing and executing the provisions of this subdivision, the West Virginia Investment Management Board is not and shall not be obligated to sell any investments at a loss or otherwise take any action not in furtherance of its fiduciary duties and obligations in respect of funds and investments under its management and supervision; creating the West Virginia Infrastructure Modernization and Development Special Revenue Fund in the State Treasury; specifying the funding source for the West Virginia Infrastructure Modernization and Development Special Revenue Fund; specifying use of funds in the West Virginia Infrastructure Modernization and Development Special Revenue Fund; providing ability of State Road Fund to accept and expend funds transferred from the West Virginia Infrastructure Modernization and Development Special Revenue Fund; and providing ability of West Virginia Infrastructure Fund to accept and expend funds transferred from the West Virginia Infrastructure Modernization and Development Special Revenue Fund.
     Referred to the Committee on Finance.
     By Senators Laird, Unger, Prezioso, Stollings, Edgell, Sypolt, D. Facemire, Snyder, Yost, Green, Wells, Miller, Browning, Jenkins, Plymale, Beach, Foster and Tucker:
     Senate Bill No. 391--A Bill to amend and reenact §24-2A-1 of the Code of West Virginia, 1931, as amended, relating to reduced utility rates for low-income residential customers.
     Referred to the Committee on the Judiciary.
     By Senators Hall, Klempa, Browning and Plymale:
     Senate Bill No. 392--A Bill to amend and reenact §16-13A-4 of the Code of West Virginia, 1931, as amended, relating to public service district board members; increasing the salary of public service district board members; clarifying when salary and expense payments may be made; and adding sewer service to the salary schedule for public service districts which contract with others to provide service.
     Referred to the Committee on Government Organization; and then to the Committee on Finance.
     By Senators Browning and Plymale:
     Senate Bill No. 393--A Bill to amend and reenact §18-7D-6 of the Code of West Virginia, 1931, as amended, relating to the State Teachers Retirement System; and extending the time for certain members to purchase additional service credit for service in the Teachers' Defined Contribution Retirement System.
     Referred to the Committee on Education; then to the Committee on Pensions; and then to the Committee on Finance.
     By Senators Wills, Kirkendoll, Klempa, McCabe, Minard, Palumbo, Tucker, Williams, K. Facemyer, Nohe, Plymale, Foster and Beach:
     Senate Bill No. 394--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5-30-1, §5-30-2, §5-30-3, §5-30-4, §5-30-5, §5-30-6, §5-30-7 and §5-30-8; to amend said code by adding thereto a new section, designated §7-1-16; and to amend and reenact §8-5-10 of said code, all relating to procedures for the transfer of power when certain elected officials are unable to fulfill the duties of their office; creating a procedure for the transfer of power due to disability or unavailability of the elected members of the Board of Public Works; requiring designation of chain of succession and waiver of HIPAA rights for certain elected officials; creating the disability evaluation panel; declaring procedures for voluntary temporary transfer of power and involuntary transfer of power; defining the process for reevaluation of findings by the disability evaluation panel; establishing procedures for declaration of unavailability; requiring that certain determinations be published in the State Register; providing for review of the disability evaluation panel's determinations by the Supreme Court of Appeals of West Virginia; directing the Supreme Court to create procedural rules pertaining to the review; requiring continuation of salary and insurance for certain disabled and unavailable elected officials; requiring counties to create a procedure for the transfer of power due to disability or unavailability; and requiring municipalities to create a procedure for the transfer of power due to disability or unavailability.
     Referred to the Committee on the Judiciary.
     By Senators Wills, Klempa, Tucker, Miller, Snyder, Yost, Kessler (Mr. President) and Plymale:
     Senate Bill No. 395--A Bill to amend and reenact §23-1-1a of the Code of West Virginia, 1931, as amended, relating to rules promulgated by the Workers' Compensation Board of Managers; and providing that these rules are subject to the legislative review process.
     Referred to the Committee on the Judiciary.
     By Senators Foster and Beach:
     Senate Bill No. 396--A Bill to amend and reenact §18A-4-2b of the Code of West Virginia, 1931, as amended, relating to minimum salary supplement and educational expense reimbursement for professional personnel with recognized national certification.
     Referred to the Committee on Education; and then to the Committee on Finance.
     By Senators Minard and Beach:
     Senate Bill No. 397--A Bill to amend and reenact §33-6-34 of the Code of West Virginia, 1931, as amended, relating to increasing the filing fees for insurers; permitting multiple insurers to make a single filing with a fee collected from each one; defining a term; and deleting an effective date.
     Referred to the Committee on Banking and Insurance; and then to the Committee on Finance.
     By Senator Minard:
     Senate Bill No. 398--A Bill to amend and reenact §33-31-2 of the Code of West Virginia, 1931, as amended, relating to captive insurance; limiting risk retention groups' risks on single subjects of insurance; and requiring captive insurance companies to notify the Insurance Commissioner of any material changes to certain information.
     Referred to the Committee on Banking and Insurance; and then to the Committee on the Judiciary.
     By Senator Minard:
     Senate Bill No. 399--A Bill to amend and reenact §33-12-7 and §33-12-8 of the Code ofWest Virginia, 1931, as amended, all relating to the continuing education for insurance producers; revising certain membership requirements of the Board of Insurance Producer Education; providing for payment of certain expenses of board members; revising role of the board; reducing period in which a producer whose license has been suspended may demonstrate compliance; and permitting the Insurance Commissioner to propose a rule to change certain fees.
     Referred to the Committee on Banking and Insurance; and then to the Committee on Government Organization.
     By Senators Wells, D. Facemire, Yost and Foster:
     Senate Bill No. 400--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §3-2-6a, relating to late voter registration for any member of a uniformed service of the United States, as defined in 42 U. S. C. §1973ff-6, any member of the Merchant Marine of the United States, any person who resides temporarily outside of the United States and the spouse or dependent residing with a person that fits the criteria.
     Referred to the Committee on Military; and then to the Committee on the Judiciary.
     By Senators Wills, Beach, Kirkendoll, Klempa, McCabe, Minard, Palumbo, Tucker, Williams, K. Facemyer, Nohe, Jenkins, Unger, Foster, Yost, Kessler (Mr. President) and Plymale:
     Senate Bill No. 401--A Bill to amend and reenact §5-16-7 of the Code of West Virginia, 1931, as amended; to amend and reenact §5-16B-6e of said code; to amend and reenact §33-16-3v of said code; to amend and reenact §33-24-7k of said code; and to amend and reenact §33-25A-8j of said code, all relating to insurance coverage for autism spectrum disorders; specifying application of benefit caps; clarifying time frames; adding evaluation of autism spectrum disorder to included coverage; clarifying diagnosis, evaluation and treatment requirements; clarifying reporting requirements; and making technical corrections.
     Referred to the Committee on Banking and Insurance; and then to the Committee on the Judiciary.
     By Senators Wills, Kirkendoll, Klempa, McCabe, Minard, Palumbo, Tucker, Williams, K. Facemyer, Nohe and Foster:
     Senate Bill No. 402--A Bill to amend and reenact §29A-1-2 and §29A-1-3 of the Code of West Virginia, 1931, as amended; to amend and reenact §29A-3-1a, §29A-3-4, §29A-3-6, §29A-3-8, §29A-3-15, §29A-3-15a and §29A-3-15b of said code; and to amend said code by adding thereto three new sections, designated §29A-3-1c, §29A-3-1d and §29A-3-9a, all relating to review of state administrative agency rulemaking; defining terms; altering designation of types of rules that have not been approved by the Legislature and that are exempt from legislative review; establishing deadline for action by agency action for certain proposed rules before the rule is deemed withdrawn; requiring agency response to public comments; requiring all sections of a rule be filed when agency proposing rule amendment; providing for methodology for repeal of rules; establishing new publishing and rule-making requirements for certain Department of Health and Human Resources policy manuals; providing new process for review and approval of legislative rules incorporating federal mandated requirements; revising emergency rule-making process to allow for public comment, more information and extended comment period; providing new process for provisional legislative rules; and altering certain agency filing requirements.
     Referred to the Committee on the Judiciary.
     By Senators Miller, Laird and Wills:
     Senate Bill No. 403--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §61- 13-1, §61-13-2, §61-13-3, §61-13-4, §61-13-5, §61-13-6, §61-13-7, §61-13-8, §61-13-9, §61-13-10, §61-13-11, §61-13-12, §61-13-13, §61-13-14, §61-13-15, §61-13-16, §61-13-17, §61-13-18, §61-13-19, §61-13-20, §61-13-21 and §61-13-22, all relating to establishment of the West Virginia Criminal and Civil Forfeiture Act; establishing civil and criminal forfeiture proceedings pertaining to property and assets used in, acquired, gained or flowing from various criminal activities and juvenile offenses; providing definitions; statement of purpose of forfeitures; identifying property subject to forfeiture; establishing exemptions; providing the state with provisional title to property subject to forfeiture; establishing procedures for seizure of property; establishing protections for innocent third party owners and interest holders; establishing a procedure for processing uncontested forfeitures; establishing general procedures for challenging and evaluating forfeiture procedures; providing for the filing and processing of petitions for in rem forfeiture proceedings; providing for the filing and processing and establishing related procedures for in personam forfeiture proceedings; allowing additional procedures applicable in criminal and civil proceedings in which forfeiture of property is sought; allowing for forfeiture of and execution on substitute property under certain conditions; allowing for release of seized property upon provision of adequate security bond or deposit; providing certain exceptions and limitations; establishing procedures for forfeiture; establishing burdens of proof; providing for the seizure and disposition of forfeited and other property; civil forfeiture action and pretrial hardship release; establishing the crime of interference with or diminishing forfeitable property; providing right to trial by jury; creating standards and procedures for care of property in law-enforcement custody; providing provisions for the sale of forfeited property; prioritizing and directing the application of proceeds and forfeiture funds; providing exceptions; and criminal penalties.
     Referred to the Committee on the Judiciary; and then to the Committee on Finance.
     By Senators Wills, Plymale, Browning, Snyder, Yost, Miller, Laird, Klempa, Tucker, Unger and Kessler (Mr. President):
     Senate Bill No. 404--A Bill to amend and reenact §18A-3-2a of the Code of West Virginia, 1931, as amended, relating to issuance of a barrister's certificate to teach course-specific curricula in West Virginia public schools.
     Referred to the Committee on Education.
     By Senators Williams, Jenkins, Unger, Plymale, Beach and Tucker:
     Senate Bill No. 405--A Bill to amend and reenact §17B-2-1 of the Code of West Virginia, 1931, as amended, relating to permitting a military veteran to be identified as a veteran on a driver's license or identification card issued by the Division of Motor Vehicles; and permitting a veteran to be issued a replacement license or card without charge if the request is made before the expiration date of the current license or card.
     Referred to the Committee on Transportation and Infrastructure; and then to the Committee on Finance.
     By Senators Kessler (Mr. President), Beach, Wills and Unger:
     Senate Bill No. 406--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §19-20-26, relating to protecting dogs by creating regulations for commercial dog-breeding operations.
     Referred to the Committee on the Judiciary.
     By Senators Laird and Beach:
     Senate Bill No. 407--A Bill to amend and reenact §20-2-5 of the Code of West Virginia, 1931, as amended, relating to hunting; adding coyote and fox to the list of species in which any color artificial light is permitted for hunting at night; removing redundant language relating to hunting while under the influence of alcohol; and referencing Class Y special crossbow hunting permits.
     Referred to the Committee on Natural Resources; and then to the Committee on the Judiciary.
     By Senators Jenkins, Plymale and Beach:
     Senate Bill No. 408--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-3-59, relating to crimes against property involving graffiti; imposing liability on parent or legal guardian of a person under eighteen for violations; requiring driver's license restrictions; authorizing a court to require restitution; providing criminal and civil penalties; and authorizing property owners to initiate civil actions to recover damages.
     Referred to the Committee on the Judiciary.
     By Senators K. Facemyer, Kessler (Mr. President) and Beach:
     Senate Bill No. 409--A Bill to amend and reenact §60-3A-24 of the Code of West Virginia, 1931, as amended, relating to substituting community service for confinement in jail for a person under the age of twenty-one who purchases, consumes, sells, serves or possesses alcoholic liquor or who misrepresents his or her age to purchase alcoholic liquor.
     Referred to the Committee on the Judiciary.
     By Senators Prezioso and Beach:
     Senate Bill No. 410--A Bill to amend and reenact §11-21-77 of the Code of West Virginia, 1931, as amended, relating to personal income tax; and requiring backup withholding on certain gambling winnings.
     Referred to the Committee on the Judiciary; and then to the Committee on Finance.
     By Senators Prezioso and Laird:
     Senate Bill No. 411--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-3-22a, relating to electronic cash register automated sales suppression devices; providing definitions; stating it shall be unlawful to willfully and knowingly sell, purchase, install, transfer or possess in this state any automated sales suppression device; providing for penalties and civil remedies; establishing that such devices and software are contraband; and providing for the seizure and destruction of such devices.
     Referred to the Committee on the Judiciary.
     Senators Chafin and Beach offered the following resolution:
     Senate Concurrent Resolution No. 10--Requesting the Division of Highways to name the bridge on 12 Pole Creek Road, in Breeden, Mingo County, bridge number 30-3/5-19.82, as the "Jacob & Ellen Vance Memorial Bridge".
     Whereas, Jacob and Ellen Vance were residents of Breeden, Mingo County, West Virginia; and
     Whereas, Jacob and Ellen Vance owned property on either side of said bridge, where they raised eight children; and
     Whereas, Jacob Vance was a farmer who worked on the railroad as a tree cutter and Ellen Vance was a housewife; and
     Whereas, Jacob and Ellen Vance passed away leaving their property to their grandchildren: Barbara Vance Perry, Kenneth D. Vance, Wanda Vance Perry and Roland G. Maynard; and
     Whereas, It is fitting to honor Jacob and Ellen Vance by naming the bridge that spans the property of their decedents; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Legislature hereby requests the Division of Highways to name the bridge on 12 Pole Creek Road, in Breeden, Mingo County, bridge number 30-3/5-19.82, as the "Jacob & Ellen Vance Memorial Bridge"; and, be it
     Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the bridge as the "Jacob & Ellen Vance Memorial Bridge"; and, be it
     Further Resolved, That the Clerk of the Senate forward a certified copy of this resolution to the Secretary of the Department of Transportation; and to Mr. and Mrs. Vance's surviving grandchildren: Barbara Vance Perry, Kenneth D. Vance, Wanda Vance Perry and Roland G. Maynard.
     Which, under the rules, lies over one day.
     Senator Hall offered the following resolution:
     Senate Concurrent Resolution No. 11--Requesting the Joint Committee on Government and Finance study the cost effectiveness of transporting West Virginia's excess animal population to other states.
     Whereas, Overpopulation of domestic animals is a problem in West Virginia and creates a financial burden on the counties of the state; and
     Whereas, West Virginia seeks a more cost-effective and humane system than its current one for addressing its domestic animal overpopulation within its borders; and
     Whereas, Many states, particularly northeastern states, have the capacity and willingness to absorb some of West Virginia's animal overpopulation; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Joint Committee on Government and Finance is requested to study the cost effectiveness of transporting West Virginia's excess animal population to other states; and, be it
     Further Resolved, That the study conducted by the Joint Committee on Government and Finance specifically evaluate options for animal transportation including, but not limited to, use of shelter employees employed by counties of West Virginia, use of volunteers and use of transporters from potential receiving states; and, be it
     Further Resolved, That the Joint Committee on Government and Finance explore the possibility of defraying the costs of the program through public or private sector grants or funding; and, be it
     Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2013, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
     Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft legislation be paid from legislative appropriations to the Joint Committee on Government and
Finance.
     Which, under the rules, lies over one day.
     Senators Plymale, Jenkins, Chafin, Stollings, Kirkendoll, Wills, Fanning, Unger, Kessler (Mr. President), Foster and Beach offered the following resolution:
     Senate Resolution No. 8--Congratulating the Spring Valley Volleyball team for winning the 2011 Class AAA state volleyball championship.
     Whereas, The Spring Valley Volleyball team had an extraordinary season, and earned the opportunity to participate in the 2011 Class AAA state championship tournament; and
     Whereas, Through teamwork, dedication and spirit, the Spring Valley Volleyball team won the 2011 Class AAA state volleyball championship; and
     Whereas, The Spring Valley Volleyball team is coached by Joy Bailey and her assistants Taylor Strickland and Susan Waldie, and consists of members Alexis Ward, Nicole McCarty, Brittany Ritter, Megan Morrison, Kristen Davis, Nicole Groves, Jessica Webb, Allyson Meadows, Sarah Kelly, Kendra Pemberton, Macey Porter, Jordan Ratcliff, Mackenzie Morris, Katie Lunsford, Carlie McCoy, Kylie Perdue, Brooke Heck, Kassidy Lemons, Autumn Ross, Darry Ross, and Madison Morris; and
     Whereas, The Spring Valley Volleyball team displayed their strong will and determination for an entire season; and
     Whereas, The Spring Valley Volleyball team will be remembered as one of the best volleyball squads ever assembled in West Virginia high school history; therefore, be it
     Resolved by the Senate:
     That the Senate hereby congratulates the Spring Valley Volleyball team for winning the 2011 Class AAA state volleyball championship; and, be it
     Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the coaches and each member of the Spring Valley Volleyball team.
     At the request of Senator Plymale, unanimous consent being granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.
     On motion of Senator Unger, the Senate recessed for one minute.
     Upon expiration of the recess, the Senate reconvened and resumed business under the sixth order.
     Senators Wills, Miller, Browning, Unger, Kessler (Mr. President), Foster, Beach, Plymale and Fanning offered the following resolution:
     Senate Resolution No. 9--Congratulating the Concord University Mountain Lions baseball team for winning the 2011 WVIAC Championship.
     Whereas, Concord's Mountain Lions baseball team, after a slow start in the 2011 season, caught fire and reeled off eight wins in their last eleven regular season games, qualifying for the WVIAC Tournament as the fourth and final seed in the Southern Division; and
     Whereas, The Mountain Lions continued to gather speed and, once in the tournament, could not be stopped, laying claim to the Championship title for the fourth time, following championship seasons in 1954, 1961 and 2001; and
     Whereas, The Mountain Lions were competitive in post-season play, winning one game, and had several Concord players earn post- season honors or recognition; and
     Whereas, The Mountain Lions of Concord University, are coached by Andrew Wright, and include players David Allen, Zachary Atkins, Timothy Bancells, Randy Beard, Albert Blevins, Nathan Brown, Matthew Clark, Charles Cline, Zachary Cloxton, Joel Gattoni, Elisha Hill, Ian Humphrey, Jacob Mays, Timothy McKinney, Colton Mitchell, Keith Morrisroe, Dustin Nuckels, Brandon Proctor, James Riggleman, Raphael Sanchez, Devin Smith, Nicholas Sydnor, Nathan Watson, Ryan Weatherholtz, Wesley Webb, Joshua Wenger, Justin Willard, and William Zuspan; and
     Whereas, The Mountain Lions displayed their strong will and determination for an entire season and are a shining example of what can be accomplished through teamwork, dedication, and commitment; therefore, be it
     Resolved by the Senate:
     That the Senate hereby congratulates the Concord University Mountain Lions baseball team for winning the 2011 WVIAC Championship; and, be it
     Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the coach and each member of the Concord University Mountain Lions baseball team.
     At the request of Senator Wills, unanimous consent being granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.
     On motion of Senator Unger, the Senate recessed for one minute.
     Upon expiration of the recess, the Senate reconvened and proceeded to the seventh order of business.
     Senate Concurrent Resolution No. 7, Requesting DOH name bridge in Clendenin, Kanawha County "Smith Brothers 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 and request concurrence therein.
     Senate Concurrent Resolution No. 9, Amending Joint Rule 5a relating to introduction and filing of proposed legislative rules.
     On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Rules.
     The Senate proceeded to the eighth order of business.
     Eng. Com. Sub. for Senate Bill No. 100, Relating to fees collected by circuit court clerks.
     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, Kirkendoll, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Williams, Wills, Yost and Kessler (Mr. President)--33.
     The nays were: None.
     Absent: Wells--1.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 100) passed with its title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Eng. Com. Sub. for Senate Bill No. 118, Terminating residential lease upon tenant death.
     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: Beach, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Kirkendoll, Klempa, Laird, McCabe, Miller, Minard, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wills, Yost and Kessler (Mr. President)--27.
     The nays were: Barnes, Boley, Jenkins, Nohe, Tucker and Williams--6.
     Absent: Wells--1.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 118) passed with its title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Eng. Senate Bill No. 129, Relating to descriptions of easements and rights-of-way.
     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, Kirkendoll, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Williams, Wills, Yost and Kessler (Mr. President)--33.
     The nays were: None.
     Absent: Wells--1.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 129) passed.
     The following amendment to the title of the bill, from the Committee on the Judiciary, was reported by the Clerk and adopted:
     Eng. Senate Bill No. 129--A Bill to amend and reenact §36-3-5a of the Code of West Virginia, 1931, as amended, relating to descriptions of easements and rights-of-way in deeds and similar instruments; and amending centerline method of description to include width.
     Senator Unger moved that the bill take effect July 1, 2012.
     On this question, 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, Williams, Wills, Yost and Kessler (Mr. President)--33.
     The nays were: None.
     Absent: Wells--1.
     So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 129) takes effect July 1, 2012.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Eng. Senate Bill No. 183, Increasing penalties for assault and battery on athletic official.
     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, Kirkendoll, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Williams, Wills, Yost and Kessler (Mr. President)--33.
     The nays were: None.
     Absent: Wells--1.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 183) passed with its title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     The Senate proceeded to the ninth order of business.
     Com. Sub. for Com. Sub. for Senate Bill No. 7, Relating to administration of Naloxone in suspected drug overdoses.
     On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
     The Senate proceeded to the eleventh order of business and the introduction of guests.
     The Senate then proceeded to the twelfth order of business.
     Remarks were made by Senator Unger.
     Thereafter, at the request of Senator Browning, and by unanimous consent, the remarks by Senator Unger were ordered printed in the Appendix to the Journal.
     The Senate proceeded to the thirteenth order of business.
     Senator Klempa called attention to today being the birthday of the senator from Berkeley and on behalf of the Senate extended felicitations and good wishes to Senator Unger, with Senator Klempa leading the members in singing "Happy Birthday".
     At the request of Senator Plymale, the name of Senator Plymale was removed as a sponsor of Senate Bill No. 346 (Creating Larry Border Act).
     On motion of Senator Unger, a leave of absence for the day was granted Senator Wells.
     Pending announcement of meetings of standing committees of the Senate,
     On motion of Senator Unger, the Senate adjourned until tomorrow, Wednesday, January 25, 2012, at 11 a.m.
____________

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