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Senate Journal


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WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

EIGHTIETH LEGISLATURE

REGULAR SESSION, 2012

TWENTY-EIGHTH DAY

____________

Charleston, W. Va., Tuesday, February 7, 2012

    The Senate met at 11 a.m.

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

    Prayer was offered by the Reverend Father Leon Alexander, Blessed John XXIII Pastoral Center, Charleston, West Virginia.

    PikeView High School Chorus, Princeton, West Virginia, proceeded in the singing of “My Home Among the Hills” and “I Want to Thank You Lord”.

    Pending the reading of the Journal of Monday, February 6, 2012,

    On motion of Senator Klempa, 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 and requested the concurrence of the Senate in the passage of

    Eng. Com. Sub. for House Bill No. 4063--A Bill to amend and reenact §7-14-3 of the Code of West Virginia, 1931, as amended; to amend and reenact §7-14B-3 of said code; to amend and reenact §8-14-7 of said code; and to amend and reenact §8-15-12 of said code, all relating to certain county and municipal civil service commissions; continuing the commissions as previously established; composition of the commissions; eligible qualifications for commissioners; appointment procedure for commissioners; terms of commissioners; grounds and procedures for removal from the commission; and procedures for replacement of vacancies.

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

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

    Eng. Com. Sub. for House Bill No. 4239--A Bill to amend and reenact §30-14-3 of the Code of West Virginia, 1931, as amended, relating to West Virginia Board of Osteopathy; increasing board membership; increasing the term length; adding certain requirements to qualify to serve on the board.

    Referred to the Committee on Government Organization.

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

    Eng. House Bill No. 4314--A Bill to amend and reenact §50-1-6 of the Code of West Virginia, 1931, as amended, relating to the appointment of magistrates; requiring that when a vacancy occurs in the office of magistrate a person of the same political party as the former officeholder shall be appointed.

    Referred to the Committee on the Judiciary.

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

    Eng. House Bill No. 4320--A Bill to amend and reenact §22-18-17 of the Code of West Virginia, 1931, as amended, relating to the settlement of violations of the Hazardous Waste Management Act by consent agreements, as an alternative to instituting a civil action in the circuit courts of the state.

    Referred to the Committee on the Judiciary.

    The Senate proceeded to the fourth order of business.

    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. 527, Relating to livestock trespassing.

    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,

                               Ronald F. Miller,

                                 Chair.

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

    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 Snyder, Kessler (Mr. President), Unger, Palumbo, Browning, Laird, D. Facemire, Edgell, Miller, K. Facemyer, Jenkins, Kirkendoll, Foster, Beach, Plymale and Yost:

    Senate Bill No. 528--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §61-14-1, §61-14-2, §61-14-3, §61-14-4, §61-14-5, §61-14-6 and §61-14-7, all relating to scrap metal; providing definitions; requiring scrap metal dealers to obtain business licenses; requiring certain information to be obtained and kept for each scrap metal transaction; requiring scrap metal dealer and seller to sign a purchase ticket; requiring signed statements of ownership; providing that scrap metal dealer must produce certain information upon request of law-enforcement officers; prohibiting the possession of stolen or unlawfully obtained scrap metal; prohibiting purchase of certain items of scrap metal without proof of lawful possession; providing that payment for scrap metal must be made by check; providing circumstances when scrap metal dealers are to notify law enforcement; increasing criminal penalties; authorizing suspension or revocation of business license for failure to properly register or obtain information; providing exemptions; and providing purchase ticket information is not a public record.

    Referred to the Committee on the Judiciary.

    By Senator Barnes:

    Senate Bill No. 529--A Bill to amend and reenact §24-2F-5 of the Code of West Virginia, 1931, as amended, relating to awarding credits for use of alternative and renewable energy resources; and removing language which sets a ceiling on the percentage of credits that can be used to meet compliance requirements from the generation or purchase of electricity generated from natural gas.

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

    By Senator K. Facemyer:

    Senate Bill No. 530--A Bill to amend and reenact §61-8D-4 of the Code of West Virginia, 1931, as amended, relating to creating the misdemeanor offense of child neglect by a parent, guardian or custodian which creates a substantial risk of bodily injury; penalties; and exceptions.

    Referred to the Committee on the Judiciary.

    By Senators Klempa, D. Facemire, Jenkins, Yost, Beach and Prezioso:

    Senate Bill No. 531--A Bill to amend and reenact §17A-3-14 of the Code of West Virginia, 1931, as amended, relating to creating a special registration plate for motor vehicles for the hearing impaired; and setting forth the conditions for the plate’s issuance and associated fee.

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

    By Senators Hall, K. Facemyer and Prezioso:

    Senate Bill No. 532--A Bill to amend and reenact §3-1-34 of the Code of West Virginia, 1931, as amended; and to amend and reenact §17B-2-1 of said code, all relating to voting procedures; presentation of documentation identifying the voter to one of the poll clerks; providing for the casting of a provisional ballot by a person without adequate proof of identification; providing for the issuance of identification cards; and requiring the state to provide the same free of charge to any qualified voter.

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

    By Senator Barnes:

    Senate Bill No. 533--A Bill to amend and reenact §1-2-1 of the Code of West Virginia, 1931, as amended, relating to the state and its subdivisions; apportionment of representation; and providing that the Secretary of State may prohibit a person from filing a certificate of candidacy for election to the Senate if filing would violate the residency requirements of this section of said code and may refuse to certify a person for the ballot or subsequently remove that person from the ballot if that person’s certificate of candidacy for election to the Senate violates the residency requirements of this section of said code.

    Referred to the Committee on the Judiciary.

    By Senators Browning, Foster, Klempa, Plymale and Beach:

    Senate Bill No. 534--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §11-6L-1, §11-6L-2, §11-6L-3, §11-6L-4, §11-6L-5, §11-6L-6 and §11-6L-7; and to amend said code by adding thereto a new article, designated §11-13CC-1, §11-13CC-2, §11-13CC-3, §11-13CC-4, §11-13CC-5, §11-13CC-6, §11-13CC-7, §11-13CC-8, §11-13CC-9, §11-13CC-10, §11-13CC-11, §11-13CC-12, §11-13CC-13, §11-13CC-14, §11-13CC-15, §11-13CC-16, §11-13CC-17 and §11-13CC-18, all relating to creating the West Virginia Innovation Free-Trade Business Technology Property Valuation Act and the West Virginia Innovation Free-Trade Tax Credit Act; defining terms; specifying method for valuation of certain property; providing for application to county assessors by specified date; providing procedure for protest and appeal of determination by county assessor; requiring the West Virginia Development Office to report to the Joint Committee on Government and Finance on the economic impact; specifying effective date; making legislative findings; allowing credits and exemptions from certain taxes; providing for computation of credit, application of credit and period for which credit is allowed; requiring application to claim credit; requiring that new jobs be good-paying jobs with health benefits; requiring identification of investment credit property and recomputation of credit in event of premature disposition of investment property; providing for forfeiture of unused tax credits and redetermination of credit allowed; imposing recapture tax under specified circumstances to recover state taxes and property taxes; allowing transfer of qualified investment to successors; providing rules for failure to keep records of investment credit property; providing rules for interpretation and construction of act; providing for tax credit review and accountability; specifying effective date and termination date; providing rule-making authority; and providing a severability clause.

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

    By Senators Stollings, Foster and Miller:

    Senate Bill No. 535--A Bill to amend and reenact §30-3-16 of the Code of West Virginia, 1931, as amended; to amend and reenact §30-7-15a of said code; and to amend and reenact §30-14A-1 of said code, all relating to expanding prescriptive authority of advanced nurse practitioners, physician assistants and assistants to osteopathic physicians and surgeons to allow the prescribing of medications for chronic diseases for a ninety-day period with three ninety-day refills.

    Referred to the Committee on Health and Human Resources.

    By Senators Snyder and Kirkendoll:

    Senate Bill No. 536--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11A-3-36a, relating to authorizing the land department of the Auditor’s Office to accept credit cards as a form of payment.

    Referred to the Committee on Government Organization.

    Senator Sypolt offered the following resolution:

    Senate Concurrent Resolution No. 26--Requesting the Joint Committee on Government and Finance to study the need, benefits and costs of a drug safety program that includes drug testing prior to hiring, transferring or promoting and random testing of public school employees, public employees, elected officials and recipients of public assistance.

    Whereas, The Legislature recognizes that the safety issues that face our state are constantly changing; and

    Whereas, The Legislature recognizes the safety of our state should be a priority of the state; and

    Whereas, The Legislature recognizes that the citizens of West Virginia need to have confidence in their elected officials and need to set an example; and

    Whereas, The Legislature recognizes that it is good public policy to assure the public that no one receiving state moneys, either by qualifying for public assistance or receiving a paycheck is involved with drug use; and

    Whereas, Recognizing these needs, the Legislature finds it prudent and proper to study the need for a drug safety program that includes drug testing of all individuals prior to hiring, transferring or promoting school employees and public employees, as well as elected officials and those receiving public assistance; and

    Whereas, The study should address prohibiting those individuals from manufacturing, distributing, dispensing, being under the influence of, purchasing, possessing, using or attempting to purchase or obtain in the workplace or in the performance of duties, alcohol or any narcotic drug, hallucinogenic drug, amphetamine, barbiturate, marijuana or any other controlled substance; and

    Whereas, The study should address employees who personally use or who are designated to administer a drug authorized by and administered in accordance with a prescription from a health professional are not themselves violating the program; and

    Whereas, The study should address prior to hiring, promoting or transferring an individual into a public employment position, before an elected official takes office or a person receives public assistance, whether the individual should be required to submit to a urinalysis test for the purpose of detecting illegal use of drugs; and

    Whereas, The study should address a reasonable process to reasonably ensure employee privacy during the taking of samples, security of samples once obtained and designation of laboratory services that are accurate and reliable; and

    Whereas, The study should address what appropriate measures should be taken to protect confidentiality throughout the testing process and in the handling of test results; and

    Whereas, The study should address how to restrict access to drug testing results on a need-to-know basis to those persons in positions; and

    Whereas, The study should address whether each county board of education, political subdivision, agency or department should be responsible for the cost of all testing required under the program; and

    Whereas, The study should address types of disciplinary actions for those found in violation of the program; and

    Whereas, The study should address establishing a random drug testing program for all individuals employed in a school or public agency, elected officials and individuals receiving public assistance; therefore, be it

    Resolved by the Legislature of West Virginia:

    That the Joint Committee on Government and Finance is hereby requested to study the need, benefits and costs of a drug safety program that includes drug testing prior to hiring, transferring or promoting and random testing of public school employees, public employees, elected officials and recipients of public assistance; 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 necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.

    Which, under the rules, lies over one day.

    Senators K. Facemyer, Boley, Unger, Kessler (Mr. President), Jenkins, Foster, Prezioso, Laird, Miller, Klempa, Williams, Yost and Plymale offered the following resolution:

    Senate Resolution No. 24--Designating February 7, 2012, as “Women’s Day” at the Legislature.

    Whereas, The West Virginia Women’s Commission is promoting the status and empowerment of all West Virginia women through advocacy, research, education, and consensus building; and

    Whereas, The West Virginia Women’s Commission strives to foster women’s economic, political, educational, and social development; to ensure their full participation in society; and to recognize their achievements; and

    Whereas, In their roles as mothers, wives, daughters, sisters, workers, friends, caretakers, activists and volunteers, women make enormous contributions to West Virginia’s economy, families, communities and general well-being; and

    Whereas, West Virginia is proud of the accomplishments and achievements of women in our state, both in the private and public sectors. We appreciate their many contributions to our communities as they continue to advance in leadership roles in our society; and

    Whereas, The West Virginia Women’s Commission will put West Virginia and women’s issues in the national spotlight as it hosts its first national conference July 25-28, 2012, welcoming the National Association of Commissions for Women; therefore, be it

    Resolved by the Senate:

    That the Senate hereby designates February 7, 2012, as “Women’s Day” at the Legislature; and, be it

    Further Resolved, That the Senate expresses its appreciation to women for the many contributions they make to the State of West Virginia in all facets of our society; and, be it

    Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the appropriate officials with the West Virginia Women’s Commission.

    At the request of Senator K. Facemyer, 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 Resolution No. 15, Urging Governor appropriate funds for State Veterans Nursing Home in Beckley, Raleigh County.

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

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

    House Concurrent Resolution No. 2, The "PVT Ervin L. Arnold Memorial Bridge".

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

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

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

    House Concurrent Resolution No. 3, The "Warrant Officer Dale Shaheen Memorial Bridge".

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

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

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

    House Concurrent Resolution No. 4, The "Gordon M. Sorrell Memorial Bridge".

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

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

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

    House Concurrent Resolution No. 5, The "Adkins Brothers Memorial Road".

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

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

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

    House Concurrent Resolution No. 11, The "Cpl. Druey L. Hatfield Memorial Bridge".

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

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

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

    House Concurrent Resolution No. 12, The "Cpl. Robert F. Lohr Memorial Bridge".

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

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

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

    House Concurrent Resolution No. 13, The "Reverend Glenn White Jr. Bridge".

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

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

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

    House Concurrent Resolution No. 14, The “LCPL Danny M. Greene Memorial Bridge”.

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

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

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

    House Concurrent Resolution No. 17, The "Chester William Fields Sr. Memorial Bridge".

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

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

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

    House Concurrent Resolution No. 25, The "Samuel L. 'Monty' Shelton Memorial Bridge".

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

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

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

    House Concurrent Resolution No. 27, Including West Virginia Route 80 in Mingo County as a Blue Star Memorial Highway.

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

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

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

    House Concurrent Resolution No. 31, The "GMGC Bobby Lee Jarrell United States Navy Memorial Bridge".

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

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

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

    House Concurrent Resolution No. 41, The “Sgt. Dewey Marcum Memorial Bridge”.

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

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

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

    House Concurrent Resolution No. 42, The “Staff Sergeant Sidney H. Blankenship 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.

    The Senate proceeded to the eighth order of business.

    Eng. Com. Sub. for Senate Bill No. 222, Creating criminal offense for interfering with emergency service call.

    On third reading, coming up in regular order, was reported by the Clerk.

    At the request of Senator Palumbo, unanimous consent being granted, the bill was laid over one day, retaining its place on the calendar.

    The Senate proceeded to the ninth order of business.

    Senate Bill No. 54, Relating to minors obtaining tattoos; parental consent.

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

    The following amendment to the bill, from the Committee on Health and Human Resources, was reported by the Clerk and adopted:

    On page three, section three, line thirty-seven, by striking out the words “given in person to” and inserting in lieu thereof the words “executed in the presence of”.

    The bill (S. B. No. 54), as amended, was then ordered to engrossment and third reading.

    Com. Sub. for Senate Bill No. 191, Relating to personal safety orders.

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

    On motion of Senator Palumbo, the following amendments to the bill were reported by the Clerk, considered simultaneously, and adopted:

    On pages eight and nine, section four, lines five through nine, by striking out all of subdivision (1);

    On page nine, section four, line eleven, after the word “article;” by inserting the word “or”;

    On page nine, section four, lines twelve through fifteen, by striking out all of subdivisions (3) and (4);

    On page nine, section four, line seventeen, by changing the semicolon to a period and striking out the word “or”;

    On page nine, section four, lines eighteen through twenty, by striking out all of subdivision (6);

    And,

    By renumbering the remaining subdivisions.

    The bill (Com. Sub. for S. B. No. 191), as amended, was then ordered to engrossment and third reading.

    Com. Sub. for Senate Bill No. 253, Authorizing DEP promulgate legislative rules.

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

    Senate Bill No. 414, Expanding definition of "medical services applicant" under Volunteer for Nonprofit Youth Organizations Act.

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

    Com. Sub. for Senate Bill No. 427, Conforming state administrative remedies for prisoners with Department of Justice standards.

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

    Com. Sub. for Senate Bill No. 434, Providing suggestion and suggestee execution contain certain information.

    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 Senators Browning, Snyder, Barnes and Green.

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

    At the request of Senator Browning, unanimous consent being granted, the remarks by Senator Snyder were ordered printed in the Appendix to the Journal.

    At the request of Senator Hall, and by unanimous consent, the remarks by Senator Barnes were ordered printed in the Appendix to the Journal.

    At the request of Senator K. Facemyer, unanimous consent being granted, the remarks by Senator Green were ordered printed in the Appendix to the Journal.

    Pending announcement of meetings of standing committees of the Senate,

    On motion of Senator Unger, the Senate adjourned until tomorrow, Wednesday, February 8, 2012, at 11 a.m.

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