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WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

EIGHTIETH LEGISLATURE

REGULAR SESSION, 2012

FIFTEENTH DAY

____________

Charleston, W. Va., Wednesday, January 25, 2012

    The Senate met at 11 a.m.

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

    Prayer was offered by Rabbi Victor Urecki, B’Nai Jacob Synagogue, Charleston, West Virginia.

    Pending the reading of the Journal of Tuesday, January 24, 2012,

    On motion of Senator Edgell, 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 Clerk presented a communication from the Commission on Special Investigations, submitting its annual report as required by chapter four, article five, section two of the code of West Virginia.

    Which communication and report were received and filed with the Clerk.

    The Senate proceeded to the fourth order of business.

    Senator Beach, from the Committee on Transportation and Infrastructure, submitted the following report, which was received:

    Your Committee on Transportation and Infrastructure has had under consideration

    Senate Bill No. 110, Expanding powers and duties of Broadband Deployment Council.

    And reports back a committee substitute for same with the following title:

    Com. Sub. for Senate Bill No. 110 (originating in the Committee on Transportation and Infrastructure)--A Bill to amend and reenact §31-15C-3 and §31-15C-4 of the Code of West Virginia, 1931, as amended, all relating to modifying the membership of the Broadband Deployment Council; and expanding the powers and duties of the Broadband Deployment Council.

    With the recommendation that the committee substitute do pass; but under the original double committee reference first be referred to the Committee on Government Organization.

                             Respectfully submitted,

                               Robert D. Beach,

                                 Chair.

    The bill (Com. Sub. for S. B. No. 110), under the original double committee reference, was then referred to the Committee on Government Organization.

    Senator Beach, from the Committee on Transportation and Infrastructure, submitted the following report, which was received:

    Your Committee on Transportation and Infrastructure has had under consideration

    Senate Bill No. 143, Requiring PSC report to Legislature on broadband markets.

    And reports the same back with the recommendation that it do pass; but under the original double committee reference first be referred to the Committee on Government Organization.

                             Respectfully submitted,

                               Robert D. Beach,

                                 Chair.

    The bill, under the original double committee reference, was then referred to the Committee on Government Organization.

    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. 161, Requiring persons report child abuse; penalties.

    And reports back a committee substitute for same with the following title:

    Com. Sub. for Senate Bill No. 161 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §49-6A-1, §49-6A-2, §49-6A-8 and §49-6A-10 of the Code of West Virginia, 1931, as amended, all relating to mandatory reporting of abuse and neglect of children; adding promoting adult responsibility and prevention to the purpose; adding certain persons to the mandatory reporting list for all abuse or neglect of children; creating a requirement that all adults report sexual abuse of children; requiring law enforcement who receive a report of sexual abuse to alert the Department of Health and Human Resources; encouraging law-enforcement agencies to coordinate in investigating a report; increasing the criminal penalties for failure to report; creating a crime and criminal penalties for all adults who fail to report sexual abuse of children; and requiring and amending certain educational programs and trainings.

    With the recommendation that the committee substitute do pass.

                             Respectfully submitted,

                               Corey Palumbo,

                                 Chair.

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

    Your Committee on the Judiciary has had under consideration

    Senate Bill No. 165, Increasing penalties for correctional employee engaging in sexual relations with incarcerated person.

    And reports back a committee substitute for same with the following title:

    Com. Sub. for Senate Bill No. 165 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §61-8B-10 of the Code of West Virginia, 1931, as amended, relating to criminalizing imposition of sexual intercourse, sexual intrusion, sexual abuse or sexual contact on incarcerated persons by employees of the Division of Corrections, Division of Juvenile Services and the Regional Jail and Correctional Facility Authority; clarifying that lack of consent is not an element of the offense; clarifying that consent is not a defense; exempting certain behaviors from criminalization; and penalties.

    With the recommendation that the committee substitute do pass; but under the original double committee reference first be referred to the Committee on Finance.

                             Respectfully submitted,

                               Corey Palumbo,

                                 Chair.

    At the request of Senator Prezioso, as chair of the Committee on Finance, unanimous consent was granted to dispense with the second committee reference of the bill contained in the foregoing report from the Committee on the Judiciary.

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

    Your Committee on Banking and Insurance has had under consideration

    Senate Bill No. 198, Requiring Medicaid dental coverage for mothers of newborns.

    And has amended same.

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

                             Respectfully submitted,

                               Joseph M. Minard,

                                 Chair.

    The bill, under the original double committee reference, was then referred to the Committee on Finance, with an amendment from the Committee on Banking and Insurance pending.

    Senator Beach, from the Committee on Transportation and Infrastructure, submitted the following report, which was received:

    Your Committee on Transportation and Infrastructure has had under consideration

    Senate Bill No. 208, Repealing Telecommunications Tax Act.

    And reports the same back with the recommendation that it do pass; but under the original double committee reference first be referred to the Committee on Finance.

                             Respectfully submitted,

                               Robert D. Beach,

                                 Chair.

    The bill, under the original double committee reference, was then referred to the Committee on Finance.

    Senator Beach, from the Committee on Transportation and Infrastructure, submitted the following report, which was received:

    Your Committee on Transportation and Infrastructure has had under consideration

    Senate Bill No. 211, Creating secondary traffic offense for texting or using wireless communication device while driving.

    And reports back a committee substitute for same with the following title:

    Com. Sub. for Senate Bill No. 211 (originating in the Committee on Transportation and Infrastructure)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17C-14-15, relating to traffic safety; establishing the offense of operating a motor vehicle while sending or reading a text message or using a wireless communication device without hands-free technology; providing exceptions; providing definitions; and providing penalties.

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

                             Respectfully submitted,

                               Robert D. Beach,

                                 Chair.

    The bill (Com. Sub. for S. B. No. 211), under the original double committee reference, was then referred to the Committee on the Judiciary.

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

    Your Committee on Education has had under consideration

    Senate Bill No. 221, Creating Jason Flatt Act of 2012.

    And reports back a committee substitute for same with the following title:

    Com. Sub. for Senate Bill No. 221 (originating in the Committee on Education)--A Bill to amend and reenact §18A-3A-2 of the Code of West Virginia, 1931, as amended, relating to requiring the Center for Professional Development to provide for the routine education of all professional educators and certain service personnel on warning signs and resources to assist in suicide prevention.

    With the recommendation that the committee substitute do pass.

                             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 under consideration

    Senate Bill No. 224, Renaming Division of Banking as Division of Financial Institutions.

    And reports the same back with the recommendation that it do pass; but under the original double committee reference first be referred to the Committee on Government Organization.

                             Respectfully submitted,

                               Joseph M. Minard,

                                 Chair.

    At the request of Senator Snyder, as chair of the Committee on Government Organization, unanimous consent was granted to dispense with the second committee reference of the bill contained in the foregoing report from the Committee on Banking and Insurance.

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

    Your Committee on Government Organization has had under consideration

    Senate Bill No. 226, Authorizing Board of Accountancy promulgate legislative rule relating to board and professional conduct rules.

    Senate Bill No. 233, Authorizing Athletic Commission promulgate legislative rule relating to mixed martial arts.

    Senate Bill No. 236, Authorizing Board of Barbers and Cosmetologists promulgate legislative rule relating to procedures, criteria and curricula for examinations and licensure of barbers, cosmetologists, manicurists and aestheticians.

    Senate Bill No. 237, Authorizing Board of Barbers and Cosmetologists promulgate legislative rule relating to licensing schools of barbering and beauty culture.

    Senate Bill No. 238, Authorizing Board of Barbers and Cosmetologists promulgate legislative rule relating to shampoo assistants.

    Senate Bill No. 243, Authorizing Courthouse Facilities Improvement Authority promulgate legislative rule relating to Courthouse Facilities Improvement Fund.

    Senate Bill No. 244, Authorizing Commission for Deaf and Hard of Hearing promulgate legislative rule relating to qualified interpreter fees.

    Senate Bill No. 258, Authorizing DEP promulgate legislative rule relating to solid waste management.

    Senate Bill No. 259, Authorizing DEP promulgate legislative rule relating to hazardous waste management systems.

    Senate Bill No. 264, Authorizing Board of Registration for Foresters promulgate legislative rule relating to code of ethics.

    Senate Bill No. 282, Authorizing Human Rights Commission promulgate legislative rule relating to housing discrimination against disabled utilizing assistance animals.

    Senate Bill No. 295, Authorizing Massage Therapy Licensure Board promulgate legislative rule relating to general provisions.

    Senate Bill No. 307, Authorizing Nursing Home Administrators Licensing Board promulgate legislative rule relating to nursing home administrators.

    Senate Bill No. 308, Authorizing Board of Occupational Therapy promulgate legislative rule relating to fees for board services.

    Senate Bill No. 314, Authorizing Board of Pharmacy promulgate legislative rule relating to continuing education for licensed pharmacists.

    And,

    Senate Bill No. 323, Authorizing Board of Professional Surveyors promulgate legislative rule relating to examination and licensing.

    And reports the same back with the recommendation that they each do pass; but under the original double committee references first be referred to the Committee on the Judiciary.

                             Respectfully submitted,

                               Herb Snyder,

                                 Chair.

    The bills, under the original double committee references, were then referred to the Committee on the Judiciary.

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

    Your Committee on Government Organization has had under consideration

    Senate Bill No. 246, Authorizing Board of Dental Examiners promulgate legislative rule relating to board fees.

    Senate Bill No. 263, Authorizing Board of Registration for Foresters promulgate legislative rule relating to fees schedule.

    Senate Bill No. 296, Authorizing Massage Therapy Licensure Board promulgate legislative rule relating to fees schedule.

    And,

    Senate Bill No. 315, Authorizing Board of Pharmacy promulgate legislative rule relating to licensure of wholesale drug distributors.

    And reports the same back with the recommendation that they each do pass; 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,

                               Herb Snyder,

                                 Chair.

    The bills, under the original triple committee references, were referred to the Committee on Finance; and then to the Committee on the Judiciary.

    Senator Browning, from the Committee on Economic Development, submitted the following report, which was received:

    Your Committee on Economic Development has had under consideration

    Senate Bill No. 260, Authorizing Development Office promulgate legislative rule relating to brownfield economic development districts.

    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,

                               Richard Browning,

                                 Chair.

    The bill, under the original double committee reference, was then referred to the Committee on the Judiciary.

    Senator Browning, from the Committee on Economic Development, submitted the following report, which was received:

    Your Committee on Economic Development has had under consideration

    Senate Bill No. 261, Authorizing Development Office promulgate legislative rule relating to use of coalbed methane severance tax proceeds.

    And reports the same back with the recommendation that it do pass; 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,

                               Richard Browning,

                                 Chair.

    The bill, under the original triple committee reference, was referred to the Committee on Finance; and then to the Committee on the Judiciary.

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

    Your Committee on Government Organization has had under consideration

    Senate Bill No. 262, Authorizing Board of Registration for Foresters promulgate legislative rule relating to certification of registered foresters.

    And has amended same.

    Senate Bill No. 297, Authorizing Board of Medicine promulgate legislative rule relating to formation and approval of professional limited liability companies.

    And has amended same.

    And,

    Senate Bill No. 316, Authorizing Racing Commission promulgate legislative rule relating to simulcast pari-mutuel wagering at facility in historic hotel.

    And has amended same.

    And reports the same back with the recommendation that they each do pass, as amended; but under the original double committee references first be referred to the Committee on the Judiciary.

                             Respectfully submitted,

                               Herb Snyder,

                                 Chair.

    The bills, under the original double committee references, were then referred to the Committee on the Judiciary, with amendments from the Committee on Government Organization pending.

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

    Your Committee on Health and Human Resources has had under consideration

    Senate Bill No. 270, Authorizing DHHR promulgate legislative rule relating to safety and treatment program.

    And,

    Senate Bill No. 320, Authorizing DHHR Secretary, Insurance Commissioner and Health Care Authority Chair promulgate legislative rule relating to all-payer claims database program's privacy and security.

    And reports the same back with the recommendation that they each do pass; 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,

                               Ron Stollings,

                                 Chair.

    The bills, under the original triple committee references, were referred to the Committee on Finance; and then to the Committee on the Judiciary.

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

    Your Committee on Health and Human Resources has had under consideration

    Senate Bill No. 277, Authorizing DHHR promulgate legislative rule relating to wastewater systems and operations.

    And has amended same.

    Senate Bill No. 278, Authorizing DHHR promulgate legislative rule relating to AIDS-related medical testing and confidentiality.

    And has amended same.

    And,

    Senate Bill No. 319, Authorizing DHHR Secretary, Insurance Commissioner and Health Care Authority Chair promulgate legislative rule relating to all-payer claims database--data submission requirements.

    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,

                               Ron Stollings,

                                 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 Health and Human Resources pending.

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

    Your Committee on Banking and Insurance has had under consideration

    Senate Bill No. 291, Authorizing Insurance Commissioner promulgate legislative rule relating to workers' compensation insurance for state agencies.

    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,

                               Joseph M. Minard,

                                 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 Banking and Insurance pending.

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

    Your Committee on Health and Human Resources has had under consideration

    Senate Bill No. 309, Authorizing Board of Osteopathy promulgate legislative rule relating to physician licensing procedures.

    And reports the same back with the recommendation that it do pass; but under the original triple committee reference first be referred to the Committee on Government Organization; and then to the Committee on the Judiciary.

                             Respectfully submitted,

                               Ron Stollings,

                                 Chair.

    The bill, under the original triple committee reference, was referred to the Committee on Government Organization; and then to the Committee on the Judiciary.

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

    Your Committee on Health and Human Resources has had under consideration

    Senate Bill No. 312, Authorizing Board of Pharmacy promulgate legislative rule relating to immunizations administered by pharmacists.

    And reports the same back with the recommendation that it do pass; but under the original double committee reference first be referred to the Committee on the Judiciary.

                             Respectfully submitted,

                               Ron Stollings,

                                 Chair.

    The bill, under the original double committee reference, was then referred to the Committee on the Judiciary.

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

    Your Committee on Health and Human Resources has had under consideration

    Senate Bill No. 313, Authorizing Board of Pharmacy promulgate legislative rule relating to Uniform Controlled Substances Act.

    And has amended same.

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

                             Respectfully submitted,

                               Ron Stollings,

                                 Chair.

    The bill, under the original double committee reference, was then referred to the Committee on the Judiciary, with an amendment from the Committee on Health and Human Resources pending.

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

    Your Committee on Finance has had under consideration

    Eng. Com. Sub. for House Bill No. 4086, Designating certain property as a qualified capital addition to a manufacturing facility.

    And reports the same back with the recommendation that it do pass.

                             Respectfully submitted,

                               Roman W. Prezioso, Jr.,

                                 Chair.

    At the request of Senator Prezioso, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 4086) contained in the preceding report from the Committee on Finance was taken up for immediate consideration, read a first time and ordered to second reading.

    On motion of Senator Unger, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.

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

    The nays were: None.

    Absent: Fanning--1.

    The bill was read a second time and ordered to third reading.

    Having been engrossed, the bill (Eng. Com. Sub. for H. B. No. 4086) was then read a third time and put upon its passage.

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

    The nays were: None.

    Absent: Fanning--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 H. B. No. 4086) passed with its title.

    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, Foster, Green, Hall, Helmick, Jenkins, Kirkendoll, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Mr. President)--33.

    The nays were: None.

    Absent: Fanning--1.

    So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 4086) takes effect July 1, 2012.

    Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.

    The Senate proceeded to the sixth order of business.

    On motions for leave, severally made, the following bills and joint resolution were introduced, read by their titles, and referred to the appropriate committees:

    By Senators Kirkendoll, Browning, Jenkins, Plymale, Klempa, Wills and Stollings:

    Senate Bill No. 412--A Bill to amend and reenact §24B-4-6 of the Code of West Virginia, 1931, as amended, relating to civil penalties that can be imposed by the Public Service Commission for pipeline safety violations.

    Referred to the Committee on Energy, Industry and Mining; and then to the Committee on the Judiciary.

    By Senators Unger, Klempa, Williams and Wills:

    Senate Bill No. 413--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §15-2-5a, relating to compensation of State Police for off-duty time when they are required to be on standby to be called back to work; and providing a stipend for housing cost for officers who reside in and are assigned to the top five counties according to median monthly housing cost.

    Referred to the Committee on Finance.

    By Senators Kessler (Mr. President) and Hall (By Request of the Executive):

    Senate Bill No. 414--A Bill to amend and reenact §29-29-3 of the Code of West Virginia, 1931, as amended, relating to medical service professionals under the Volunteer for Nonprofit Youth Organizations Act.

    Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.

    By Senators Kessler (Mr. President) and Hall (By Request of the Executive):

    Senate Bill No. 415--A Bill to amend and reenact §18-5-13 of the Code of West Virginia, 1931, as amended, relating to authorizing a county board of education to use the services of a bus operator from another county under certain circumstances.

    Referred to the Committee on Education.

    By Senators Beach, Klempa, Laird and Wills:

    Senate Bill No. 416--A Bill to amend and reenact §17B-2-1 and §17B-2-6 of the Code of West Virginia, 1931, as amended, all relating to issuance of driver’s license; providing that licenses issued under this section may contain information designating the licensee as a person who is an honorably discharged veteran of any branch of the armed forces of the United States; and redefining “previously licensed” as an applicant who has held at least a level two or similar driver’s licensing level or class.

    Referred to the Committee on Transportation and Infrastructure; and then to the Committee on Government Organization.

    By Senator Fanning:

    Senate Bill No. 417--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §30-6-22a, relating to establishing the right to control the disposition of the remains of a deceased person; determining who has that right; setting forth how that right may be forfeited; setting forth the role of the county commission; and limiting the liability of funeral homes.

    Referred to the Committee on the Judiciary.

    By Senator Laird:

    Senate Bill No. 418--A Bill to amend and reenact §62-12-12 of the Code of West Virginia, 1931, as amended, relating to qualification of members of the Parole Board.

    Referred to the Committee on Government Organization; and then to the Committee on the Judiciary.

    By Senators Browning, Plymale and Kirkendoll:

    Senate Bill No. 419--A Bill to amend and reenact §11-13U-2, §11-13U-3, §11-13U-4, §11-13U-5, §11-13U-8, §11-13U-9 and §11-13U-10 of the Code of West Virginia, 1931, as amended, all relating to revising the high-growth business investment tax credit; permitting eligible start up, early-stage or growth-oriented taxpayers to take the credit; lowering certain gross receipt and payroll requirements; increasing the amount of credit available; requiring the Economic Development Authority to assist in preparing legislative reports; requiring new rules to be promulgated; redefining terms; and changing effective dates.

    Referred to the Committee on Economic Development; and then to the Committee on Finance.

    By Senators Hall, K. Facemyer, Nohe, Barnes, Boley and Jenkins:

    Senate Bill No. 420--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new chapter, designated §55A-1-1, §55A-1-2, §55A-1-3, §55A-1-4, §55A-2-1, §55A-2-2, §55A-2-3, §55A-2-4, §55A-2-5, §55A-2-6, §55A-2-7, §55A-2-8, §55A-2-9, §55A-3-1, §55A-3-2, §55A-4-1, §55A-4-2, §55A-4-3, §55A-4-4, §55A-4-5, §55A-4-6, §55A-5-1, §55A-5-2, §55A-5-3, §55A-5-4, §55A-5-5, §55A-5-6, §55A-5-7, §55A-5-8, §55A-6-1, §55A-6-2, §55A-6-3, §55A-6-4, §55A-6-5, §55A-7-1, §55A-7-2, §55A-7-3, §55A-7-4, §55A-7-5, §55A-7-6, §55A-7-7, §55A-7-8, §55A-8-1, §55A-8-2, §55A-9-1, §55A-9-2, §55A-10-1, §55A-10-2, §55A-10-3, §55A-11-1, §55A-11-2, §55A-11-3, §55A-11-4, §55A-11-5, §55A-11-6, §55A-11-7, §55A-11-8, §55A-11-9, §55A-11-10, §55A-11-11, §55A-11-12, §55A-12-1, §55A-12-2, §55A-12-3, §55A-12-4, §55A-12-5 and §55A-12-6, all relating to reforming the civil justice system; providing a short title; stating legislative findings and declarations of purposes; providing that chapter is not applicable to certain actions; defining terms used in chapter; relating to authorizing a new court to be known as the Intermediate Court of Appeals; requiring the court to be operational by January 1, 2014; establishing northern and southern districts; providing three judges for each district; establishing qualifications for judges; establishing jurisdiction of the court; providing that all appeals will be reviewed and a written decision on the merits issued; providing that all appeals will be filed with Supreme Court of Appeals; providing that Supreme Court will either keep the appeal or send it to the Intermediate Court; providing that appeals in certain administrative cases are discretionary; authorizing appeals from Intermediate Court to the Supreme Court; authorizing Governor to make initial appointments by July 1, 2013; creating staggered terms; providing for elections for ten-year terms after initial appointments; authorizing a Chief Judge of the Intermediate Court; authorizing staff for the court and the judges; providing for compensation and expenses of judges and staff; providing for temporary assignment of circuit court judges; authorizing the Supreme Court to provide the facilities, furniture, fixtures and equipment for the Intermediate Court; establishing precedential effect of Intermediate Court orders and decisions; providing that the budget of the Intermediate Court will be part of the Supreme Court budget; prohibiting medical monitoring relief absent manifest present injury or disease caused by a defendant; providing for venue reform; relating to the application of the doctrine of forum non conveniens when civil actions have both a resident and nonresident plaintiff; providing for parties to make a motion that a case would more properly be heard in a forum outside this state; providing for statute of limitations expiring in the alternative forum while the claim is pending in this state; providing for proper dismissal of an action for forum non conveniens purposes; providing for application to class representatives; requiring courts granting motions to stay or dismissal actions for forum non conveniens purposes to set forth specific findings of fact and conclusions of law; providing standards to determine the competency of expert witnesses; providing standards for opinion testimony by lay witnesses; providing standards of admission for expert witness testimony; requiring a basis for expert witness testimony; barring certain types of expert witness testimony; mandating pretrial hearings and disclosures of expert testimony; providing for the interpretation of the competency of expert witnesses; establishing a standard of review; regarding the recovery of punitive damages; establishing what a plaintiff must prove and the trier of fact must find before the trier of fact may award punitive damages; stating circumstances when punitive damages may not be awarded and a defendant may not be held liable for punitive damages; providing the amount of punitive damages that may be awarded against large employers and the amount that may be awarded against all others; providing maximum amounts which may be awarded on multiple punitive damages awards for the same course of conduct; providing for the bifurcation of a civil action in which punitive damages are sought when requested by a defendant; stating the conditions under which punitive damages may be assessed against a principal or employer for an act of an agent or employee and against an association, limited liability entity or partnership for the acts of a member or partner; predicating actions for damages upon principles of comparative fault; establishing the comparative fault standard; abolishing joint liability and implementing several liability; establishing how to consider the fault of nonparties; establishing how to consider the fault of, and the amounts paid by, settling parties; providing for the use of special interrogatories; clarifying fault may be imputed to another person who was acting as an agent or servant of another; allowing the assessment of a percentage of fault for failing to take reasonable precautionary measures that are available; precluding the allocation of fault to a person such as a seller, distributor or installer on a strict product liability theory where that person did not contribute to the alleged defect; providing for the burden of proof and limitations; providing for immunity of premises owners from civil liability in certain circumstances; reducing damage awards by collateral source payments; providing how damage reductions shall be determined; stating the effects of such determinations upon the trial; providing for a statute of repose; establishing a general eighteen-year warranty for products liability actions and an exception for cases where there is an express warranty for more than eighteen years; providing that noneconomic damages are recoverable in actions where damages were authorized at the time this bill became law; providing maximum amounts that may be recovered for noneconomic losses based on physical injury and nonphysical injury; providing for a loser pays civil justice system; providing for the recovery of attorney’s fees by prevailing party in certain cases and against certain parties; establishing a procedure for recovery of attorney’s fees; presuming usual and customary attorney’s fees; providing courts may take judicial notice of the usual and customary attorney’s fees; requiring the loser pays article be liberally construed to promote its underlying purpose; providing defendants and plaintiffs with the option of electing to apply the provisions of the loser pays article to civil actions; allowing for the revocation of an election; providing an election does not apply to nonsuited or dismissed suited actions in certain cases; providing for awarding litigation costs; providing for the liability of attorneys; providing for the applicability of other law; requiring the West Virginia Supreme Court adopt rules to implement this chapter; providing for repeal of conflicting laws; providing for applicability and severability of this chapter; clarifying no additional cause of action is created by this chapter; and providing this chapter shall become effective immediately upon passage by the Legislature and approval by the Governor.

    Referred to the Committee on the Judiciary; and then to the Committee on Finance.

    By Senators Williams, Sypolt, McCabe, Beach, K. Facemyer, Boley, D. Facemire, Helmick, Miller, Tucker, Laird, Nohe, Green, Barnes and Plymale:

    Senate Bill No. 421--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §19-2H-1, §19-2H-2, §19-2H-3, §19-2H-4, §19-2H-5, §19-2H-6, §19-2H-7, §19-2H-8, §19-2H-9, §19-2H-10, §19-2H-11, §19-2H-12, §19-2H-13, §19-2H-14 and §19-2H-15; to amend and reenact §19-29-2 of said code; to amend and reenact §20-1-2 of said code; and to amend and reenact §20-2-11 and §20-2-12 of said code, all relating to regulating captive cervid farming as an agricultural enterprise in this state; powers and duties of the Department of Agriculture; promulgation of rules; duties and obligation of the commissioner; application process; issuance, renewal, modification and transfer of a license certificate; inspection of facilities; transition of current facilities; noncompliance with article; and providing for certain criminal penalties and remedies.

    Referred to the Committee on Agriculture; and then to the Committee on the Judiciary.

    By Senators Foster, McCabe, Hall and Plymale:

    Senate Bill No. 422--A Bill to amend and reenact §5-10-2, §5-10-14, §5-10-15a, §5-10-20, §5-10-21 and §5-10-29 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §5-10-21a; to amend and reenact §5-16-13 of said code; to amend and reenact §15-2A-21 of said code; to amend and reenact §18-7A-23 and §18-7A-25 of said code; and to amend said code by adding thereto a new section, designated §18-7A-25b, all relating generally to benefits and costs for future members of the West Virginia Public Employees Retirement System, State Police Retirement System and Teachers Retirement System.

    Referred to the Committee on Pensions; and then to the Committee on Finance.

    By Senators Wills, Klempa, Browning, Tucker, Miller, Snyder, Yost, Unger, Kessler (Mr. President) and Foster:

    Senate Bill No. 423--A Bill to amend and reenact §16-29-1 and §16-29-2 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §16-29-3, all relating to reimbursement for copies of medical records; requiring that one copy of medical records be provided to a patient or representative, upon written request, free of charge; and limiting the fee for subsequent requests to $10 dollars if an electronic format is used.

    Referred to the Committee on Health and Human Resources.

    By Senators D. Facemire, Klempa, Green, Yost and Tucker:

    Senate Bill No. 424--A Bill to amend and reenact §30-27-10 of the Code of West Virginia, 1931, as amended, relating to the Board of Barbers and Cosmetologists; and exempting barbers licensed in West Virginia for thirty years or more from continuing education requirements.

    Referred to the Committee on Government Organization.

    By Senators Boley and Nohe:

    Senate Bill No. 425--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-2D-5c, relating to development and operation of a nursing home on the grounds of a nonprofit community health care organization meeting certain restrictions; and exemptions from nursing home moratorium and certificate of need requirements.

    Referred to the Committee on Health and Human Resources; and then to the Committee on Government Organization.

    By Senators Jenkins, Stollings and Plymale:

    Senate Bill No. 426--A Bill to amend and reenact §60A-9-3, §60A-9-4 and §60A-9-5 of the Code of West Virginia, 1931, as amended, all relating to controlled substances monitoring; decreasing time period for filing required information; adding data regarding method of payment for prescriptions and identification of person receiving the prescription if other than person for whom prescription is written to required information; and providing a good-faith defense to practitioners for reporting reasonable suspicion of illegal activity to law enforcement in reliance on information contained in database.

    Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.

    By Senators Palumbo, Wells, Wills and Klempa:

    Senate Bill No. 427--A Bill to amend and reenact §25-1A-2 of the Code of West Virginia, 1931, as amended, relating to administrative remedies for prisoners and the requirement that a prisoner first exhaust such remedies prior to resorting to litigation.

    Referred to the Committee on the Judiciary.

    By Senators Beach and Klempa:

    Senate Bill No. 428--A Bill to amend and reenact §17A-3-23 of the Code of West Virginia, 1931, as amended, relating to registration plates for state, county, municipal and other governmental vehicles; authorizing the Commissioner of the Division of Motor Vehicles to issue no more than five Class A registration plates to the division for vehicles to be used by investigators for commercial driver examination fraud investigation and driver’s license issuance fraud detection and fraud prevention; authorizing the commissioner to issue Class A registration plates to Medicaid Fraud Control Unit and the West Virginia Insurance Fraud Unit; deleting an outdated requirement; and providing penalties.

    Referred to the Committee on Transportation and Infrastructure; and then to the Committee on Finance.

    By Senators Beach and Klempa:

    Senate Bill No. 429--A Bill to amend and reenact §17A-10-1 and §17A-10-3 of the Code of West Virginia, 1931, as amended, all relating to classification of motor vehicles for purpose of registration; changing the definition of “Class A” vehicles by increasing the maximum weight of Class A to include certain vehicles now classified as Class B; establishing the fee for those reclassified vehicles; and defining “Class Farm Truck” as “Class X”.

    Referred to the Committee on Transportation and Infrastructure.

    By Senators Kessler (Mr. President) and Hall (By Request of the Executive):

    Senate Joint Resolution No. 8--Proposing an amendment to the Constitution of the State of West Virginia, amending section 4, article IV; section 1, article VII; section 2, article VII; section 3, article VII; section 4, article VII; and section 16, article VII thereof, all relating to the creation of the Office of Lieutenant Governor in the executive department; joint election of Governor and Lieutenant Governor; succession of the Governor by the Lieutenant Governor and the filling of a vacancy in the Office of Lieutenant Governor; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment.

    Referred to the Committee on the Judiciary; and then to the Committee on Finance.

    Senators Barnes, Helmick, Tucker, Unger, Kessler (Mr. President) and Klempa offered the following resolution:

    Senate Concurrent Resolution No. 12--Requesting that the Division of Highways name bridge number 42-35-5.78 on County Route 35 in Cassity, Randolph County, West Virginia, the “Major Arnold James Zirkle Memorial Bridge”.

    Whereas, Major Arnold James Zirkle was born February 5, 1939 to Arnold Kermit Zirkle and Ester Gaye Westfall Zirkle, and was raised in Cassity, Randolph County, West Virginia; and

    Whereas, Upon graduating from Coalton High School, Major Arnold James Zirkle enlisted into the United States Army on December 3, 1959; and

    Whereas, Major Arnold James Zirkle was a career Army officer who served during the Vietnam War with the 11th Armored Calvary Regiment “L” and “HQ” Troops; and

    Whereas, Major Arnold James Zirkle was awarded the Bronze Star Medal with Combat ”V” for distinguished service, the Purple Heart, the Air Medal, the Meritorious Service Medal, the Army Commendation Medal, the National Defense Medal, the Vietnam Service Medal, the Republic of Vietnam Commendation Medal, the Parachute Badge, the Republic of Vietnam Army Badge, the Vietnamese Cross of Gallantry with Palm and the Good Conduct Medal; and

    Whereas, Major Arnold James Zirkle attained the rank of major on August 8, 1975; and

    Whereas, Major Arnold James Zirkle’s father Arnold Kermit Zirkle, his uncles, Arden Austin Zirkle, Alson Howard Zirkle, Armond Ulysses Zirkle, Ariel Cleston Zirkle and Aryus Kilmer Zirkle and brother-in-law Merl Keith Fox served in the United States Army, all residents of Randolph County; and

    Whereas, After his retirement from the Army, Major Arnold James Zirkle worked for the West Virginia Department of Transportation and was a member of the St. Brendan Catholic Church; and

    Whereas, Major Arnold James Zirkle passed away on November 12, 2010 and is interred in the American Legion’s Little Arlington Cemetery near Elkins; and

    Whereas, Major Arnold James Zirkle served his country and his state with honor and distinction; therefore, be it

    Resolved by the Legislature of West Virginia:

    That the Division of Highways is hereby requested to name bridge number 42-35-5.78 on County Route 35 in Cassity, Randolph County, West Virginia, the “Major Arnold James Zirkle Memorial Bridge”; and, be it

    Further Resolved, That the Commissioner of the Division of Highways is hereby requested to erect signs at both ends of the bridge containing bold and prominent letters proclaiming the bridge the “Major Arnold James Zirkle Memorial Bridge”; and, be it

    Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Commissioner of the Division of Highways; Major Arnold James Zirkle’s wife, Gayle S. Swihart Zirkle of Buckhannon, West Virginia; daughters, Joyce Weiskircher of Hurricane, West Virginia and Nikki Ortuglio of Baltimore, Maryland; his son, Gary George; and sister, Carrol Zirkle Fox of Cassity.

    Which, under the rules, lies over one day.

    Senators Stollings, Unger, Kessler (Mr. President), Kirkendoll, Klempa and Beach offered the following resolution:

    Senate Concurrent Resolution No. 13--Requesting the Division of Highways name Lincoln County Route 8 beginning at its intersection with the Route 119 bridge to the Alum Creek bridge at Route 214, known as Little Coal River Road, the “Platoon Sergeant John C. Fitzwater Memorial Road”.

    Whereas, Platoon Sergeant John C. Fitzwater was born on May 2, 1936 in Charleston; and

    Whereas, Platoon Sergeant John C. Fitzwater served in the United States Marines from 1954 to 1958; and

    Whereas, Platoon Sergeant John C. Fitzwater entered the United States Army in January 1960 and attained the rank of sergeant first class; and

    Whereas, Platoon Sergeant John C. Fitzwater was killed in action at Tay Ninh Province, South Vietnam on January 10, 1969 when his unit came under heavy attack by a large enemy force and his company was sustaining many wounded. Without thinking of his own safety Platoon Sergeant John C. Fitzwater attempted to rescue and evacuate his wounded men and died instantly from enemy gunfire; and

    Whereas, Platoon Sergeant John C. Fitzwater was awarded the Bronze Star and the Purple Heart; and

    Whereas, Platoon Sergeant John C. Fitzwater served his country and state with honor and distinction, having given the ultimate sacrifice; therefore, be it

    Resolved by the Legislature of West Virginia:

    That the Division of Highways is hereby requested to name Lincoln County Route 8 beginning at its intersection with the Route 119 bridge to the Alum Creek bridge at Route 214, known as Little Coal River Road, the “Platoon Sergeant John C. Fitzwater Memorial Road”; and, be it

    Further Resolved, That the Commissioner of the Division of Highways is hereby requested to cause to be fabricated signs to be erected at each entryway of the road, containing bold and prominent letters proclaiming the road to be named the “Platoon Sergeant John C. Fitzwater Memorial Road”; and, be it

    Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Commissioner of the Division of Highways and the surviving family of Platoon Sergeant John C. Fitzwater.

    Which, under the rules, lies over one day.

    Senators Tucker, Barnes, Helmick, Unger, Kessler (Mr. President), Klempa and Beach offered the following resolution:

    Senate Concurrent Resolution No. 14--Requesting the Division of Highways to name bridge number 34-129-00.01, in Nicholas County and located on State Route 129, the “Lee Tucker Memorial Bridge”.

    Whereas, Lee Tucker was born August 8, 1939, and later married Loretta Canterbury, producing three children from that union: Byron Tucker, Randy Tucker and Sandra Tucker; and

    Whereas, Lee Tucker was actively involved in the Democratic Party in Nicholas County for several years including having served on the County Executive Committee; and

    Whereas, Lee Tucker was a mining safety advocate for the United Mine Workers of America and worked tirelessly for making the workplace safer for miners at Cannelton and throughout the industry; and

    Whereas, Lee Tucker placed high priorities on the area’s youth and served as a scoutmaster for the Boy Scouts in Keslers Cross Lanes; and

    Whereas, Lee Tucker was a committed and respected public servant and worked tirelessly on many issues for the benefit of the citizens of Keslers Cross Lanes by being instrumental in having public water extended to Keslers Cross Lanes and forming the Keslers Cross Lanes Volunteer Fire Department, where he served as its chief until his death; therefore, be it

    Resolved by the Legislature of West Virginia:

    That the Division of Highways is hereby requested to name bridge number 34-129-00.01, in Nicholas County and located on State Route 129, the “Lee Tucker Memorial Bridge”; and, be it

    Further Resolved, That the Division of Highways is requested to have made and be placed signs identifying the bridge as the “Lee Tucker 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 Lee Tucker’s children: Byron Tucker, Randy Tucker and Sandra Tucker.

    Which, under the rules, lies over one day.

    Senators Kirkendoll, Stollings, Plymale, Jenkins, Unger, Kessler (Mr. President), Foster, Wills and Chafin offered the following resolution:

    Senate Resolution No. 10--Congratulating the Wayne High School Football Team for winning the 2011 West Virginia AA Football Championship.

    Whereas, The Wayne High School Football Team had a dominant year, finishing with a record of 12 wins and only 2 losses, and won the 2011 West Virginia AA Football Championship; and

    Whereas, The Wayne High School Football Team displayed their strong will and determination for an entire season and will be remembered as one of the best teams ever assembled in West Virginia high school football history; and

    Whereas, The Wayne High School Football Team is coached by Tom Harmon, assisted by Ty Harmon, David Adkins, Shawn Ross, Wade Williamson and Nick Newell, and athletic trainer Jason Eaches and consists of players Nate Adkins, Tyler Adkins, Kurt Arthur, McKenzie Beckett, Dwight Blankenship, Allen Bryant, Anthony Bryant, Dale Bryant, Casy Brooks, Kyle Cassady, Zach Cassidy, Jordan Clay, Zach Damron, Chris Darby, Bradley Dingess, Jacob Dingess, James Egnor, Alex Elkins, Tylor Elliot, Corey Ferguson, Grant Ferguson, Yosef Finton, Curtis Followay, Carl Frasher, Chandler Fry, Clay Haddix, Austin Hale, Nick Harmon, Dustin Hatfield, Mason Hodge, Colin Kelly, Brett Justice, Paul Langdon, Justin Loving, Brody Lunsford, J. C. Maynard, Jacob Maynard, Taylor Maynard, Macky Mays, Larry Meddings, Chad Moore, Brandon Mullett, Trevor Napier, John Osborne, Michael Perry, Steven Perry, Austin Pyles, Matt Queen, Mark Ritter, Brandon Spurlock, Nathan Spurlock, Paden Thompson, Dustin Tomblin, Korey Watts, Ryan Watts, Tucker Watts, Marcus Webb and Marley Webb; and

    Whereas, The Wayne High School Football Team is a shining example of what can be accomplished through teamwork, dedication and spirit; therefore, be it

    Resolved by the Senate:

    That the Senate hereby congratulates the Wayne High School Football Team for winning the 2011 West Virginia AA Football Championship; and, be it

    Further Resolved, That the Senate commends each coach, team member and staff member for their outstanding accomplishments; and, be it

    Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the Wayne High School Football Team.

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

    Thereafter, at the request of Senator Stollings, and by unanimous consent, the remarks by Senator Kirkendoll regarding the adoption of Senate Resolution No. 10 were ordered printed in the Appendix to the Journal.

    At the request of Senator Plymale, unanimous consent being granted, the Senate stood in observance of a moment of silence in recognition of the passing of Jess “Scott” Jarrell, former coach of the Wayne County High School Football Team.

    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.

    At the request of Senator Prezioso, unanimous consent being granted, Senators Prezioso and Unger offered the following resolution from the floor:

    Senate Resolution No. 11--Authorizing the appointment of permanent and per diem employees for the Second Regular Session of the Eightieth Legislature and payment of their compensation.

    Resolved by the Senate:

    That the Clerk of the Senate, with the approval of the presiding officer of the Senate, or the presiding officer of the Senate is hereby authorized to appoint employees to receive the per diem compensation, as herein provided, during this regular sixty-day session of the eightieth Legislature, and any extension thereof as follows:

    Twenty-six Class I secretaries at a rate of seventy dollars to eighty-nine dollars per diem;

    Ten Class II secretaries at a rate of seventy-two dollars to ninety-three dollars per diem;

    Seven Class III secretaries at a rate of eighty-two dollars per diem;

    Eight Class IV secretaries at a rate of seventy-six dollars to seventy-nine dollars per diem;

    Seven legislative analysts at a rate of sixty-five dollars to ninety-one dollars per diem;

    Thirteen legal counselors at a rate of two hundred dollars to two hundred forty-six dollars per diem; assignments and salary to be determined by the presiding officer of the Senate;

    Two bill and journal clerks to the Senate Clerk at a rate of seventy dollars to seventy-three dollars per diem;

    One journal room supervisor at a rate of one hundred fourteen dollars per diem;

    One assistant journal room supervisor at a rate of seventy-seven dollars per diem;

    Nine journal and bill room clerks at a rate of sixty-eight dollars to eighty-one dollars per diem;

    One Sergeant at Arms at a rate not to exceed one hundred sixty-two dollars per diem;

    One chief assistant Sergeant at Arms at a rate of seventy-one dollars per diem;

    Six assistants to the Sergeant at Arms at a rate of sixty dollars to eighty dollars per diem;

    One Doorkeeper at a rate not to exceed one hundred nineteen dollars per diem;

    One chief assistant Doorkeeper at a rate of seventy-nine dollars per diem;

    Eight assistants to the Doorkeeper at a rate of sixty dollars to seventy-six dollars per diem;

    One information clerk at a rate of eighty-three dollars per diem (forty-one dollars and fifty cents per diem paid by House of Delegates);

    Seven messengers at a rate of sixty dollars to sixty-three dollars per diem;

    One head page at a rate of sixty-nine dollars per diem;

    One assistant head page at a rate of sixty-six dollars per diem;

    One recording system operator at a rate of ninety dollars per diem;

    One duplicating machine operator at a rate of seventy-one dollars per diem;

    One computer technical assistant at a rate of seventy-five dollars per diem;

    One parking coordinator at a rate of one hundred four dollars per diem (fifty-two dollars per diem paid by House of Delegates);

    The Clerk of the Senate, with the approval of the presiding officer of the Senate, or the presiding officer of the Senate shall have authority to employ such per diem staff personnel during any session of the Legislature as shall be needed in addition to staff personnel authorized by this Senate resolution adopted during any such session. The Clerk of the Senate, with the approval of the presiding officer of the Senate, or the presiding officer of the Senate shall have authority to employ such staff personnel between sessions of the Legislature as shall be needed, the compensation of all staff personnel during and between sessions of the Legislature, notwithstanding any such Senate resolution, to be fixed by the presiding officer of the Senate. In all such cases, the Clerk of the Senate, with the approval of the presiding officer of the Senate, or the presiding officer of the Senate shall have authority to supervise and dismiss such staff personnel; and, be it

    Further Resolved, That the appointment of salaried full-time employees of the Senate for the year two thousand twelve and their compensation, at the following amounts per month, for such periods of time as they are employed in the positions designated, is hereby authorized, as follows:

Clerk. . . . . . . . . . . . . . . . . . . . . . . . . $7,806.46

Assistant Clerk. . . . . . . . . . . . . . . . . . . .  4,166.68

Executive Secretary to Clerk . . . . . . . . . . . . . . 3,333.34

Fiscal Officer. . . . . . . . . . . . . . . . . . . . . 4,624.18

Assistant Fiscal Officer. . . . . . . . . . . . . . . . 3,439.18

Technical Support . . . . . . . . . . . . . . . . . . .  3,009.18

Deputy Clerk. . . . . . . . . . . . . . . . . . . . . .  5,117.92

Chief Desk Clerk. . . . . . . . . . . . . . . . . . . .  4,135.42

Chief Journal Clerk. . . . . . . . . . . . . . . . . . . 3,438.18

Bill History Clerk. . . . . . . . . . . . . . . . . . .  3,120.42

Bill Clerk. . . . . . . . . . . . . . . . . . . . . . .  2,550.00

Administrative Assistant. . . . . . . . . . . . . . . . .3,697.50

Administrative Secretary. . . . . . . . . . . . . . . . 3,017.50

Minor Committee Support. . . . . . . . . . . . . . . . . 3,060.00

Minor Committee Support. . . . . . . . . . . . . . . . . 2,337.50

Counsel to President. . . . . . . . . . . . . . . . . .  7,432.50

Senior Assistant to President. . . . . . . . . . . . . . 4,583.34

Media Specialist/

  Administrative Assistant to President . . . . . . . . 4,166.68

Executive Secretary to President. . . . . . . . . . . .  3,000.00

Constituent Outreach Specialist. . . . . . . . . . . . . 2,500.00

Chief Counsel to Majority Leader. . . . . . . . . . . .  7,386.68

Senior Legislative Analyst/

  Assistant Parliamentarian. . . . . . . . . . . . . .  3,675.84

Senior Assistant to Majority Leader. . . . . . . . . . .3,166.68

Legal Legislative Secretary. . . . . . . . . . . . . . . 2,737.92

Secretary to Minority Leader. . . . . . . . . . . . . .  2,833.34

Counsel to Education Committee. . . . . . . . . . . . .  6,871.68

Senior Legislative Analyst to

  Education Committee. . . . . . . . . . . . . . . . . .5,845.84

Legislative Analyst to Education Committee. . . . . . .  2,916.68

Policy Analyst/Clerk to Education Committee. . . . . . . 2,805.00

Chief Counsel to Finance Committee. . . . . . . . . . . 6,450.00

Budget-Policy Analyst to Finance Committee . . . . . . . 4,751.68

Secretary-Analyst to Finance Committee. . . . . . . . .  3,055.00

Committee Administrator to

  Government Organization Committee . . . . . . . . . .  2,916.68

Secretary to Government Organization Committee. . . . .  2,571.25

Senior Counsel to

  Health and Human Resources Committee. . . . . . . . . 6,136.26

Counsel to Health and Human Resources Committee. . . . . 5,208.34

Clerk to Health and Human Resources Committee. . . . . .2,833.34

Senior Counsel to Judiciary Committee. . . . . . . . . . 6,250.00

Counsel to Judiciary Committee. . . . . . . . . . . . . .5,333.34

Legislative Analyst/

  Clerk to Judiciary Committee. . . . . . . . . . . . . 2,708.34

Secretary to Judiciary Committee . . . . . . . . . . . . 2,716.68

Supervisor, Materials & Supplies . . . . . . . . . . . . 3,885.42

Purchasing & Procurement Clerk . . . . . . . . . . . . . 3,185.00

Mail/Supply Clerk . . . . . . . . . . . . . . . . . . .  2,826.25

Chief Custodian . . . . . . . . . . . . . . . . . . . .  3,166.25

Custodian . . . . . . . . . . . . . . . . . . . . . . .  2,040.00

Custodian . . . . . . . . . . . . . . . . . . . . . . .  1,791.68

    The Clerk of the Senate, with the approval of the presiding officer of the Senate, or the presiding officer of the Senate shall have authority to employ such full-time staff personnel during any session of the Legislature as shall be needed in addition to staff personnel authorized by this Senate resolution adopted during any such session. The Clerk of the Senate, with the approval of the presiding officer of the Senate, or the presiding officer of the Senate shall have authority to employ such staff personnel between sessions of the Legislature as shall be needed, the compensation of all staff personnel during and between sessions of the Legislature, notwithstanding any such Senate resolution, to be fixed by the presiding officer of the Senate. In all such cases, the Clerk of the Senate, with the approval of the presiding officer of the Senate, or the presiding officer of the Senate shall have authority to supervise and dismiss such staff personnel.

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

    The Senate proceeded to the seventh order of business.

    Senate Concurrent Resolution No. 10, Requesting DOH name bridge in Breeden, Mingo County, "Jacob & Ellen Vance Memorial Bridge".

    On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Transportation and Infrastructure.

    Senate Concurrent Resolution No. 11, Requesting Joint Committee on Government and Finance study transportation of excess animal population outside WV.

    On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Natural Resources; and then to the Committee on Rules.

    The Senate proceeded to the eighth order of business.

    Eng. Com. Sub. for Com. Sub. for Senate Bill No. 7, Relating to administration of Naloxone in suspected drug overdoses.

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

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

    The nays were: None.

    Absent: Fanning--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 Com. Sub. for S. B. No. 7) 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 tenth order of business.

    Senate Bill No. 209, Updating terms in Personal Income Tax Act.

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

    Senate Bill No. 210, Updating terms in Corporation Net Income Tax Act.

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

    The Senate proceeded to the twelfth order of business.

    Remarks were made by Senators Hall, Prezioso, Jenkins and K. Facemyer.

    Thereafter, at the request of Senator Stollings, and by unanimous consent, the remarks by Senator Prezioso were ordered printed in the Appendix to the Journal.

    The Senate proceeded to the thirteenth order of business.

    At the request of Senator Wells, unanimous consent being granted, it was ordered that the Journal show had Senator Wells been present in the chamber on yesterday, Tuesday, January 24, 2012, he would have voted "yea" on the passage of Engrossed Committee Substitute for Senate Bill No. 100, Engrossed Committee Substitute for Senate Bill No. 118, Engrossed Senate Bill No. 129 and Engrossed Senate Bill No. 183.

    At the request of Senator Plymale, and by unanimous consent, it was ordered that the Journal show had Senator Plymale been present in the chamber on Monday, January 23, 2012, he would have voted "yea" on the passage of Engrossed Senate Bill No. 30 and Engrossed Committee Substitute for Senate Bill No. 96.

    On motion of Senator Unger, a leave of absence for the day was granted Senator Fanning.

    Pending announcement of meetings of standing committees of the Senate,

    On motion of Senator Unger, the Senate adjourned until tomorrow, Thursday, January 26, 2012, at 11 a.m.

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